Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Jyoti Kumari, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of foreign liquor. The prosecution recovered 20.640 litres of liquor from three women, including 6 litres allegedly linked to the petitioner, but the defence argued that no liquor was actually found in her possession and that she refused to become a seizure‑list witness. The defence further contended that the seizure list was prepared in violation of Section 103 of the Bihar Negotiable Securities Act because there was no independent or eye witness. The State opposed the bail application, citing the seriousness of the offence. After hearing both sides, the Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and Section 437(3) of the CrPC, and directed verification of the petitioner’s antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure list preparation violated Section 103 of the Bihar Negotiable Securities Act, rendering the evidence insufficient for denial of bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 103, 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- excise offence
- seizure list
- procedural violation
- foreign liquor
- Section 30
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 11854 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Jyoti Kumari Daughter of Late Virendra Sahni Resident of Village - Chakki
Suhagpur Dumari, P.S.- Paru, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Ms Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
ORAL ORDER
2 18-02-2026 Heard the parties.
2 The petitioner is in custody in connection with
Sadar Excise PS Case No 03 of 2026 for allegedly having
committed an offence under Section 30 (a) of the Bihar
Prohibition and Excise Act.
3 The learned counsel for the petitioner submits that
total 20.640 liters of foreign made liquor was recovered from
three females and out of the same, 6 liters of foreign liquor was
recovered from the possession of the petitioner. The learned
counsel for the petitioner further submits that the petitioner is
innocent and she is a lady and nothing was recovered from her
possession. However, on the refusal of the petitioner to become
a seizure list witness of the seized article, she has been made
Patna High Court CR. MISC. No.11854 of 2026(2) dt.18-02-2026
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accused in the present case. The learned counsel for the
petitioner further submits that the seizure list has been prepared
in complete violation of the provisions of Section 103 of the
BNSS, since no independent witness has come forward to
support the prosecution case and there is no eye witness to the
occurrence. The learned counsel for the petitioner further
submits that the petitioner is in judicial custody since
03.01.2026 and she is having clean antecedent.
4 The learned APP opposes the prayer for bail
vehemently.
5 Having heard learned counsel for the parties, let the
petitioner above named be released on bail on his furnishing bail
bond of Rs 10,000/- with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Court
III, Saran at Chapra in connection with Sadar Excise PS Case
No 03 of 2026 subject to the condition as laid down under
Section 480 (3) of the BNSS/437 (3) of the Cr P C with a
condition that :
(i) one of the bailors should be a
close relative/family member of the
petitioner,
(ii) the petitioner will cooperate
in the trial.
6 The learned trial Court shall verify the criminal
Patna High Court CR. MISC. No.11854 of 2026(2) dt.18-02-2026
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antecedent of the petitioner and in case at any stage if it is found
that the petitioner has concealed his criminal antecedent, then
the Court below shall take steps for cancellation of his bail
bond. However, the acceptance of the bail bond in terms of the
above mentioned order shall not be delayed for the purpose of
or in the name of verification.
(Ritesh Kumar, J)
M.E.H./-
U T
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