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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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