Patna High Court
Fulwanti Devi @ Phulwanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail as there is no evidence of conscious possession and she has no criminal antecedents.
Summary
The petitioner, a woman named Fulwanti Devi, was arrested in connection with the recovery of 57.5 liters of illicit country-made liquor from her residence under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the liquor was not in her conscious possession and that she had no involvement in the alleged offence. The petitioner had been in custody since 18 December 2025, had no prior criminal record, and a chargesheet had been filed. The State opposed bail, but the court considered the length of custody, the petitioner’s gender, lack of antecedents, and the absence of evidence of conscious possession. Accordingly, the court ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑II, Patna.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody, gender, lack of antecedents, and alleged lack of conscious possession.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- gender
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10661 of 2026
Arising Out of PS. Case No.-568 Year-2024 Thana- PARSABAZAR District- Patna
======================================================
Fulwanti Devi @ Phulwanti Devi W/o Late Manoj Manjhi Resident of -
Kuthaul Musahari, P.S - Parsabazar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kameshwar Singh
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per F.I.R., 57.5 liters of illicit country-made
liquor was recovered from the house of this petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from conscious possession of this
petitioner and has got no concern with the seized liquor.
Petitioner is lady and is in custody since 18.12.2025, having no
criminal antecedent. Chargesheet has been submitted.
5. Learned A.P.P. for the State opposed the bail
petition.
Patna High Court CR. MISC. No.10661 of 2026(2) dt.18-02-2026
2/2
6. Considering the period of custody and the fact that
petitioner is lady, let the above named petitioner be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge, Excise – II, Patna / concerned Court in
connection with Parsabazar P.S. Case No. 568 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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