Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44716 of 2026 Arising Out of PS. Case No.-218 Year-2026 Thana- BELAGANJ District- Gaya ====================================================== Shakuntala Devi, Wife of Late Bijendra Chaudhary, Resident Of VillageRisaudha P.S. -Belaganj Dist -Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 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 Belaganj P.S. Case No.218 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 14 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from the house of the petitioner. It is further submitted that no

Patna High Court CR. MISC. No.44716 of 2026(2) dt.06-07-2026 2/3 recovery has been effected from the conscious and exclusive possession of the petitioner, and there is no material on record to establish her conscious possession of the alleged illicit liquor. It is argued that Section 103(4) of BNSS has not been complied with qua search of premises, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. It is also pointed out that the name of the petitioner surfaced on the disclosure made by a local Chaukidar. The petitioner has one criminal antecedent of similar nature, in which, she is on bail.

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

6. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, 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

Patna High Court CR. MISC. No.44716 of 2026(2) dt.06-07-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court-II, Gaya in connection with Belaganj P.S. Case No.218 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.) Raushan/- U T