Patna High Court
Kaushalya Devi @ Sukhari BahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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