Patna High Court
Sonapati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, directing her release upon surrender with a bail bond and sureties.
Summary
The petitioner, Sonapati Devi, was implicated in Excise Case No.1211 of 2026 for alleged illegal manufacture of illicit liquor, with 285 litres recovered from her house. The FIR did not name her, and the petitioner argued that there was no material establishing her conscious possession of the liquor. She also contended that the search violated Section 103(4) of the Bihar Narcotic and Smuggling Act because no independent witness was present. The Additional Public Prosecutor opposed her prayer for anticipatory bail. Considering the lack of direct evidence, her clean antecedent, and procedural deficiencies in the search, the Court directed that she be released on anticipatory bail upon surrender, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and there is no evidence of conscious possession of the seized liquor.
- Whether the search and seizure complied with the requirements of Section 103(4) of the Bihar Narcotic and Smuggling Act.
- Whether the petitioner’s clean antecedent warrants the grant of bail despite the seriousness of the excise offence.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 62
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- search and seizure
- clean antecedent
- Section 103(4)
- Section 438(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44850 of 2026
Arising Out of PS. Case No.-248 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Sonapati Devi, Wife of Late Lallan Prasad, Resident of Village- Kona, P.S.-
Nokha, District- Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending her arrest in connection with Excise Case
No.1211 of 2026 arising out of Sasaram Excise P.S. Case
No.248 of 2026 registered under Sections 30(a) and 62 of
the Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 285 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
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the house of the petitioner. It is further submitted that no
recovery has been effected from the conscious and exclusive
possession of the petitioner, and there is no material on
record to establish her conscious possession of the alleged
illicit liquor. It is argued that Section 103(4) of BNSS has
not been complied with qua search of premises, inasmuch as
no independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. It is also pointed out that the name of the
petitioner surfaced solely on the ground that she is the
owner of the house. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
lady of clean antecedent, in the event of her arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise Court No.-01, Rohtas
at Sasaram in connection with Excise Case No.1211 of 2026
arising out of Sasaram Excise P.S. Case No.248 of 2026,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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