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Patna High Court

Kunti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted as there is no prima facie case and the prosecution failed to satisfy statutory requirements.

Summary

The petitioner, Kunti Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 108 litres of liquor recovered from a motorcycle. The prosecution alleged the liquor seizure but presented no material linking the petitioner directly to the contraband, nor any criminal antecedent. The petitioner’s counsel argued that there was no prima facie case and that the prosecution had failed to comply with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The State opposed the bail, contending the seriousness of the offence. The court, after considering the lack of direct evidence and procedural lapses, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, invoking its inherent powers under Section 482(2) of the B.N.S.S. Act, 2023.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the prosecution complied with the procedural requirements of Section 103 of the B.N.S.S., 2023.
  • Whether a prima facie case exists against the petitioner to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • B.N.S.S. 2023
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7191 of 2026
                    Arising Out of PS. Case No.-234 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Kunti Devi W/o- Lagam Paswan R/v- Near Saleh Asthan, Thahar Ps-
                 Khajauli, Dist- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Archna Aanand, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending her arrest in

                   Basopatti P.S. case No. 234 of 2025 registered under Section

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

                               3. The prosecution allegation, in short, is that 108

                   liters liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired as being owner of the vehicle in
           Patna High Court CR. MISC. No.7191 of 2026(2) dt.04-02-2026
                                                        2/2




                     question. The petitioner is a lady.                 The petitioner has got no

                     knowledge and concern with the alleged recovery of liquor.

                     Learned counsel, therefore, submits that prima facie, no case is

                     made out against the petitioner. There is no compliance of

                     Section 103 of B.N.S.S., 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction      of   the   Court

                     below/concerned Court in connection with Basopatti P.S. case

                     No. 234 of 2025, subject to the conditions as laid down under

                     Section 482(2) of of B.N.S.S., 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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