Patna High Court
Kunti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S., 2023 — s. 103, 482(2)
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
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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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