Patna High Court
Chanda KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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