Patna High Court
Fulwa DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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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