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Patna High Court

Kaushalya Devi @ Sukhari BahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Kaushalya Devi, wife of Sukhari Yadav, was arrested after 2.16 litres of liquor were recovered from her joint family house, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor and was falsely implicated, noting that the recovery was from a shared residence and that no incriminating material was found on her. The petitioner, who has three prior criminal records and had been in custody since 1 January 2026, also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed the bail application. Considering the circumstances, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding surety, appearance, non‑tampering with evidence, and future offences.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the custody period, prior criminal antecedents, and procedural compliance under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • prohibition law
  • liquor possession
  • criminal procedure
  • prior convictions
  • surety
  • conditions of bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13135 of 2026
                          Arising Out of PS. Case No.-1 Year-2026 Thana- SIMRI District- Buxar
                 ======================================================
                 Kaushalya Devi @ Sukhari Bahu Wife of Sukhari Yadav Resident of - Dudhi
                 Patti, P.S.- Simri, District - Buxar.
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajit Kumar, Advocate
                 For the Opposite Party/s :        Mr.Shyameshwar Dayal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Simri

                   P.S. Case No. 01 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 2.16 liters

                   liquor was recovered from the house of the petitioner. Petitioner

                   was arrested on the spot.

                                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. Learned counsel

                   for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.13135 of 2026(2) dt.24-02-2026
                                            2/3




          made from joint house of the petitioner, where other family

          members also reside. The petitioner is in custody since

          01.01.2026 and has got three criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Simri P.S. Case No.

          01 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.13135 of 2026(2) dt.24-02-2026
                                                       3/3




                     the course of trial.

                                   (IV) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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