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Patna High Court

Chanda KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing her release upon furnishing a bail bond with sureties, subject to statutory conditions.

Summary

The petitioner, Chanda Kumari, was not named in the FIR relating to an alleged illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that 3.250 litres of illicit liquor were recovered from a motorcycle, not from the petitioner's physical possession. The petitioner’s counsel argued that she had no direct possession of the liquor and maintained a clean antecedent. The Assistant Public Prosecutor opposed bail. Considering that the recovery was not from the petitioner’s possession, the court ordered her release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner, who is not named in the FIR and from whose physical possession the illicit liquor was not recovered, is entitled to bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition act
  • criminal procedure
  • Section 438
  • Section 482
  • Bihar
  • excise
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45672 of 2026
                       Arising Out of PS. Case No.-334 Year-2026 Thana- MAHUA District- Vaishali
                 ======================================================
                 Chanda Kumari W/O Rajendra Paswan R/O Village- Mirza Nagar, P.S.-
                 Mahua, Distt.- Vaishali, State- Bihar.
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Ray
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                  Heard the parties.

                                   2. The accused/petitioner is not named in the F.I.R.

                   and apprehending his arrest in connection with Mahua P.S. Case

                   No.334/2026 registered for the offences punishable under

                   Section 30 (a) of the Bihar Prohibition and Excise Act.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 3.250 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the motorcycle bearing reg. no. BR 31 AB 9068. It is submitted

                   that recovery was not made from conscious physical possession

                   of the petitioner, who is a lady of clean antecedent.

                                   5. Learned APP, opposes the prayer for bail.
               Patna High Court CR. MISC. No.45672 of 2026(2) dt.10-07-2026
                                                           2/2




                                         6. In view of aforesaid factual submission and by

                         taking note of fact as recovery of illicit liquor prima-facie not

                         appears to be made from the physical possession of this

                         petitioner, accordingly the petitioner above named, in the event

                         of her arrest or surrender before the learned trial court within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of the learned

                         Exclusive      Special      Excise      Court        No.   II,   Vaishali   at

                         Hajipur/concerned trial court where the case is pending in

                         connection with Mahua P.S. Case No.334/2026 subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C./

                         Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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