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Patna High Court

Fulwa DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered the release of the petitioner on regular bail.

Summary

The petitioner, Fulwa Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 40 litres of illicit liquor near a school and alleged she was serving it. She fled the scene and was taken into custody on 11‑01‑2026. The petitioner argued she had no possession of the liquor, the seized premises did not belong to her, and there was no independent witness, contending the case was based solely on secret information and her prior criminal antecedents. The State opposed her regular bail application, citing the nature of the offence. Considering the lack of direct evidence, the short period of custody, and no risk of tampering or absconding, the Court granted regular bail on a bond of Rs 10,000 with two sureties. The order released the petitioner from custody pending trial.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and circumstances of the case.

Subjects

  • bail
  • regular bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • evidence
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11152 of 2026
                    Arising Out of PS. Case No.-1358 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Fulwa Devi Wife of Late Mahesh Chaudhary Resident of Village- Bhusunda
                 Balapar, P.S.- Muffasil, District- Gaya Jee.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pushp Raj Singh, Advocate.
                 For the Opposite Party/s :      Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   under Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on getting secret

                   information that petitioner is serving wine to some person near

                   Gauri Kanya School, Busunda Balapar Gali No.3, the police party

                   reached there and recovered 40 litre illicit country made liquor. It

                   is alleged that on seeing the police, the petitioner fled away from

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case

                   due to her two criminal antecedents. He further submits that

                   petitioner was not arrested on the spot and her name has been

                   implicated in this case only on the basis of secret information.

                   Learned counsel submits that the place from where the alleged
              Patna High Court CR. MISC. No.11152 of 2026(2) dt.17-02-2026
                                                          2/2




                        recovery has been made does not belong to the petitioner and she

                        has no concern with the alleged seized liquor. He further submits

                        that no incriminating article has been recovered from the

                        conscious possession of the petitioner or from her house. Learned

                        counsel submits that there is no independent witness to the seizure

                        list. There is no chance of her absconding or tampering with the

                        evidence. Petitioner is in custody since 11.01.2026 and she

                        undertakes to cooperate in the investigation and trial.

                                     5. Learned A.P.P. for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the case,

                        the submissions of learned counsel for the parties, the nature of

                        allegation against the petitioner and the period of custody, let the

                        petitioner, above named, 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 learned Court

                        concerned in connection with Muffasil P.S. Case No.1358 of

                        2025.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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