Koshila Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Koshila Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail, if arrested or on surrender within four weeks, on a bail bond of Rs.10,000/- 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 conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, a woman named in the FIR in Mehsi P.S. Case No.121 of 2026 (offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022) and apprehending arrest, is entitled to anticipatory bail.

Court's answer

Taking note of the factual submissions, the court found prima facie that the recovery of illicit liquor did not appear to have been made from the conscious physical possession of the petitioner, who is a lady of clean antecedent, and on that basis granted her anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within four weeks, the petitioner was directed to be released on bail on furnishing a bail bond of Rs.10,000/- 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 under Section 438(2) CrPC / Section 482(2) BNSS.

Detailed headnote1 paragraphs

Anticipatory Bail - Excise Offence - Patna High Court, Crl. Misc. No.40026 of 2026, decided 22-06-2026 (Chandra Shekhar Jha, J.) - Woman petitioner named in Mehsi P.S. Case No.121 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; alleged illegal trade/manufacture of illicit liquor with recovery of 16 liters of country-made liquor - Counsel contended recovery was from an open place behind the house accessible to the public, not from the petitioner's conscious physical possession - Court prima facie found the recovery did not appear to be from the petitioner's conscious physical possession and noted she was a lady of clean antecedent - Anticipatory bail allowed: release on arrest/surrender within four weeks on bail bond of Rs.10,000/- with two like sureties, to the satisfaction of Exclusive Special Excise Court No.03, East Champaran at Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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

2 22-06-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

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.

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.

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.

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

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/-

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