Tetri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36503 of 2026 Arising Out of PS. Case No.-84 Year-2026 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Tetri Devi, Wife of Late Khobari Paswan, Resident of Village-Gurhanwa Bazar, P.S.- Kundwa Chainpur, District- East Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Kundwa Chainpur P.S. Case No.84 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 72.6 liters of Nepali liquor from the bag.

4. It is submitted by learned counsel appearing for petitioner that alleged recovery of illicit liquor was made from a hut, which is alleged to be belonged to this petitioner. It is pointed out that merely on the basis of

Patna High Court CR. MISC. No.36503 of 2026(2) dt.08-06-2026 2/3 suspicion raised by local choukidar, the petitioner was implicated with present recovery. It is also pointed out that the recovery was shown to be made from the house of this petitioner, where the process of recovery of illicit liquor prima facie not suggest that the mandatory legal provisions of Section 105 of the BNSS complied with. The house in issue also occupied by different adult family members and, therefore, recovery cannot be said to be made from conscious physical possession of this petitioner. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, who is a lady of clean antecedent, accordingly, the petitioner, above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.36503 of 2026(2) dt.08-06-2026 3/3 with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-3, I/c Civil Court, East Champaran at Motihari in connection with Kundwa Chainpur P.S. Case No.84 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T