Patna High Court
Poonam SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Poonam Saw was arrested in connection with an excise case where 20.640 liters of liquor were recovered from jute bags, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that she had no possession of the liquor, that the seizure was from an open public place and that no incriminating material linked her to the offence. The State opposed bail, while the petitioner highlighted the lack of direct evidence and the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The court considered the facts, the period of custody since 3 January 2026, and the absence of material on the petitioner’s conscious possession. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties, releasing the petitioner pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, justifies denial of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12062 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Poonam Saw Wife of Ranjeet Kumar Saw @ Ranjeet Kumar Sah Resident of
Village - Chandpura, P.S.- Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sadar
Excise PS Case No. 03 of 2026 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 20.640 liters
liquor was recovered from jute bags.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.12062 of 2026(2) dt.23-02-2026
2/2
and all. The petitioner is in custody since 03.01.2026 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sadar Excise PS
Case No. 03 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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