Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioners.
Summary
The petitioners, Sanju Devi, Sahil Kumar, and Govinda Kumar, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 42.78 litres of liquor was recovered from their joint house. The prosecution alleged possession of illicit liquor, while the petitioners contended they were falsely implicated and no liquor was found in their personal possession. The court noted that the recovery was from a shared residence, the first two petitioners had no criminal record, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the lack of direct incriminating evidence, the length of custody since 5 January 2026, and the petitioners' circumstances, the court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act despite the recovery of liquor from their joint house
- Whether the lack of incriminating article in the petitioners' personal possession and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify bail
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- liquor seizure
- criminal antecedent
- joint house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11938 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Sanju Devi Wife of Sanjay Prasad Resident of village- Nai Bazar PS
-Bhagwan Bazar District- Saran
2. Sahil Kumar Son of Sanjay Prasad Resident of village- Nai Bazar PS
-Bhagwan Bazar District- Saran
3. Govinda Kumar Son of Lakshman Chaudhary Resident of village- Nai Bazar
PS -Bhagwan Bazar District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Bhagwan Bazar P.S. Case No. 5 of 2026 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 42.78
litres of liquor has been recovered from the house of the
petitioners.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.11938 of 2026(2) dt.23-02-2026
2/2
No incriminating article has been recovered from the conscious
possession of the petitioners rather the recovery has been made
from the joint house of the petitioners where other family
members of the petitioners also reside. The petitioners have got
no concern with the alleged recovery of liquor. The petitioners
are in custody since 05.01.2026. Petitioner nos. 1 and 2 have no
criminal antecedent whereas petitioner no. 3 has two criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand), each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwan Bazar P.S.
Case No. 5 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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