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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of illicit liquor did not prima facie demonstrate possession by the petitioner, and therefore anticipatory bail was granted.

Summary

Sunita Devi 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, 2018, after 175 litres of liquor were recovered. She contended that the liquor was found in an open maize field near a railway track and not in her conscious possession, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed her request for anticipatory bail, noting a prior similar criminal case for which she was on bail. The court examined whether the facts established possession sufficient to deny bail and considered the applicability of Section 482(2) of the BNSS for granting bail. Concluding that the recovery did not prima facie show possession by the petitioner, the court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2).

Issues considered

  • Whether the seizure of illicit liquor constitutes possession by the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether anticipatory bail can be granted in view of the facts and under Section 482(2) of the BNSS.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • illegal liquor
  • anticipatory bail
  • possession
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45515 of 2026
                       Arising Out of PS. Case No.-27 Year-2025 Thana- Ghogha District- Bhagalpur
                 ======================================================
                 Sunita Devi, W/o Rajendra Mandal, Resident of Village- Pakki Saray, PS-
                 Ghogha, Distt.- Bhagalpur

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Navjot Yeshu, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                         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 Gogha P.S. Case

                   No.27 of 2025 registered under Section 30(a) 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 175 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

                   a maize field near a railway track. Being an open place, it is
Patna High Court CR. MISC. No.45515 of 2026(2) dt.10-07-2026
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          accessible to the general public and, therefore, it cannot be

          said that the alleged recovery was made from the conscious

          possession of the petitioner. It is further submitted that

          seizure list also appears doubtful being not supported by

          independent witnesses rather than by police personnel. The

          petitioner has one criminal antecedent of similar nature, in

          which, she is on bail.

                       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, 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 Additional District & Sessions

          Judge-IX-cum-Special             Judge        (Excise),   Bhagalpur   in

          connection with Gogha P.S. Case No.27 of 2025, subject to
            Patna High Court CR. MISC. No.45515 of 2026(2) dt.10-07-2026
                                                        3/3




                      the conditions as laid down under Section 482(2) of the

                      BNSS.


                                                           (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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