Patna High Court

Shahin KhatunversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner’s conscious physical possession.

Summary

Shahin Khatun, a female bus driver, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 324 litres recovered from the bus she was operating. She applied for anticipatory bail, arguing that the liquor was not in her conscious physical possession because the bus is a public vehicle used by many. The State opposed the bail, contending that the recovery indicated her involvement. The court examined the facts and noted the absence of evidence that she had actual control over the liquor, also considering her clean antecedent. Relying on Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, the court granted anticipatory bail subject to a bond and sureties, directing her to surrender within four weeks. The order directs the trial court to release her on bail under the stipulated conditions.

Issues considered

Whether anticipatory bail can be granted when the alleged illicit liquor was not in the conscious physical possession of the accused.
Whether the petitioner’s clean antecedent and role as a public transport driver justify bail.

Legislation cited

BNSS Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
excise law
possession
clean antecedent
public transport

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.734 of 2026
                    Arising Out of PS. Case No.-720 Year-2024 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Shahin Khatun W/o Late Mohd. Afzal Khan R/o Village - Rajheti, P.S -
                 Simbhawali, District - Hapur, State - Uttar Pradesh
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Yugal Kishore
                 For the Opposite Party/s :        Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                  Heard the parties.

                                2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Excise P.S. Case No.

                   720 of 2024 registered for the offences punishable under Sections

                   30 (a) & 32 (3) of the Bihar Prohibition and Excise Act.

                                3. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 324 litres of IMFL/country made liquor.

                                4. Learned counsel appearing on behalf of the petitioner

                   submitted that admittedly recovery of illicit liquor was made from

                   the bus, which was occupied by different persons and is a public

                   transport accessible by general public and therefore, it can be

                   safely said that recovery of alleged illicit liquor was not made from

                   the conscious physical possession of this petitioner. While
              Patna High Court CR. MISC. No.734 of 2026(2) dt.09-01-2026
                                                          2/2




                        concluding the argument it is submitted that petitioner is a lady of

                        clean antecedent.

                                     5. Learned APP appearing on behalf of the State,

                        opposes the prayer for anticipatory bail.

                                     6. In view of the facts and circumstances as mentioned

                        above and by taking note of fact as recovery of illicit liquor prima-

                        facie not appears to be made from the conscious physical

                        possession of this petitioner being driver of the public transport,

                        who is a lady of clean antecedent, accordingly the petitioner above

                        named, in the event of his 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 Judge, Excise Court

                        No. II, Muzaffarpur/concerned trial court where the case is

                        pending in connection with Excise P.S. Case No. 720 of 2024

                        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.)
Sudha/-

U         T

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