Patna High Court

Balkeshiya DeviversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs 10,000 and two sureties, under Section 482(2) of the B.N.S.S. 2023.

Summary

Balkeshiya Devi sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged possession of 25 litres of illicit country‑made liquor. The liquor was recovered from a white bag in an open bush behind her house, not from her possession or premises. The petitioner argued she was falsely implicated, had no criminal antecedent, and the recovery was in a public area accessible to all. The court noted the absence of direct possession and the petitioner’s clean record, and therefore inclined to grant anticipatory bail. Accordingly, the court ordered release on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. 2023 given the circumstances of the alleged recovery of illicit liquor.
Whether the recovery of illicit liquor from an open space behind the petitioner’s house establishes possession for prosecution under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
criminal procedure
possession
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7943 of 2026
                          Arising Out of PS. Case No.-138 Year-2025 Thana- Nagara District- Saran
                 ======================================================
                 Balkeshiya Devi Son of Bhatti Nut @ Bhhathi Nut Resident of Village -
                 Aphaura/ Affour, P.S.- Nagra, District - Saran.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s      :        Mr.Hemant Kumar

                 For the Opposite Party/s :         Mr.Umesh Lal Verma

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026         1. Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                       2. The petitioner apprehends her arrest in connection with

                   Nagra P.S. Case No. 138 of 2025 dated 13.11.2025                         registered

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

                   2018.

                       3. As per the first information report a total quantity of 25

                   liters of illicit country made liquor has been recovered from a

                   white coloured bag kept in a bush behind the house of the

                   petitioner.

                       4. Learned counsel for the petitioner submits that petitioner is

                   innocent and has falsely been implicated in this case by the
Patna High Court CR. MISC. No.7943 of 2026(2) dt.17-02-2026
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          Police due to oblique motive. The name of the petitioner has

          transpired in this case merely on the basis of suspicion. The

          illicit liquor in question has not been recovered from the

          conscious possession and / or premises belonging to the

          petitioner. The alleged recovery of illicit country made liquor

          has been made from a bag kept in a bush situated behind the

          house of the petitioner, which is an open space easily accessible

          to all and sundry. The petitioner has no criminal antecedent.

              5. Regard being had to the submission made by the parties,

          taking into consideration the fact that recovery of illicit country

          made liquor is not from inside the house of the petitioner rather

          the same has been seized from an open space easily accessible

          to everyone and petitioner is a lady having no criminal

          antecedent, accordingly , I am inclined to grant anticipatory bail

          to the petitioner.

              6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          Exclusive Special Excise Court no. 3, Saran at Chapra in

          connection with Nagra P.S. Case No. 138 of 2025 subject to
               Patna High Court CR. MISC. No.7943 of 2026(2) dt.17-02-2026
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                         the condition as laid down under Section 482 (2) of the B.N.S.S.

                         2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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