Patna High Court
Sita Devi @ Sita KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sita Devi, was arrested in connection with a case under Sections 30(a) and 30(d)(e) of the Bihar Prohibition and Excise Act after 59.125 litres of liquor was recovered from her residence. She contended that she had no conscious possession of the liquor, that the recovery was from a joint family house, and that she had no prior criminal record. The State opposed bail, but the court noted the lack of incriminating material against her, the period she had already spent in custody since 22‑11‑2025, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The bail order required a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 30(d)(e) of the Bihar Prohibition and Excise Act in view of the facts of the case.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- no prior record
- Section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1046 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Sita Devi @ Sita Kumari Wife of Bijendar Kumar @ Bijendra Kumar
Resident of Village - Jethuli, P.S.- Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Nadi PS
Case No. 317 of 2025 instituted for the offences under Sections
30(a) and 30 (d) (e) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 59.125 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that recovery has been made from the
Patna High Court CR. MISC. No.1046 of 2026(2) dt.19-01-2026
2/2
joint house of the petitioner where other family members also
reside. The petitioner is in custody since 22.11.2025 and has got
no criminal antecedent. There is no compliance of Section 103
of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Nadi PS Case No. 317 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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