Patna High Court
Halima KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie possession of the illicit liquor.
Summary
The petitioner, Halima Khatoon, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 6.3 litres of liquor recovered from a public nala behind her house. Her counsel argued that the liquor was recovered from an open area, not from her conscious possession, and that the seizure list lacked independent witnesses, rendering the allegation speculative. The Additional Public Prosecutor opposed anticipatory bail, citing the petitioner’s involvement in three other criminal cases. The court examined the factual submissions and noted that the recovery did not prima facie show possession by the petitioner. Consequently, the court directed that she be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail is appropriate when the alleged illicit liquor was not in the petitioner's conscious possession.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act justify denial of bail.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44970 of 2026
Arising Out of PS. Case No.-247 Year-2026 Thana- DUMRA District- Sitamarhi
======================================================
Halima Khatoon Wife of Md. Salim Resident of Village - Barharwa, Ward
No. - 20, P.S. - Dumra, District - Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shankar Kumar, Advocate
For the Opposite Party : Mr. Bishweshwar Ram, APPS
======================================================
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 named in the FIR and
apprehending her arrest in connection with Dumra P.S. Case
No.247 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6.3 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
from a nala which is behind the bathan of petitioner and the
Patna High Court CR. MISC. No.44970 of 2026(2) dt.08-07-2026
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place from where the recovery was made is an open place
accessible to general public. It is also submitted that name
of petitioner transpired only on the basis of suspicion and it
can be safely said that recovery of illicit liquor was not made
from conscious possession of this petitioner. It is also
submitted that the seizure list also appears doubtful being
not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, Petitioner
found involved in three more criminal cases.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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 bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge Exclusive Excise
Patna High Court CR. MISC. No.44970 of 2026(2) dt.08-07-2026
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Judge- 1, Sitamarhi, in connection with Dumra P.S. Case
No.247 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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