Koshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40026 of 2026 Arising Out of PS. Case No.-121 Year-2026 Thana- MEHSI District- East Champaran ====================================================== Koshila Devi, S/o Ramesh Singh, Resident of Village-Rampurwa (Ujhilpur), P.S.- Mehsi, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2026 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 Mehsi P.S. Case No.121 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 16 liters of country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that recovery of illicit liquor was made from back side of the house of this petitioner, which is an open place and accessible by general public and, therefore, it can be safely said that recovery was not made from conscious physical

Patna High Court CR. MISC. No.40026 of 2026(2) dt.22-06-2026 2/2 possession of this petitioner, who is a lady of 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, accordingly, the petitioner, above-named, who is a lady of clean antecedent, 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) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.03, I/c, East Champaran at Motihari in connection with Mehsi P.S. Case No.121 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