Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Shanti Devi was arrested after 320 litres of country‑made liquor were recovered near her hut in Turkauliya, East Champaran. She applied for bail, contending that she had no conscious possession of the liquor, that the recovery was from an open public area, and that no incriminating material linked her to the contraband. The prosecution charged her under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner highlighted her clean record, the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the short period of custody since 17‑01‑2026. Considering these factors, the Court granted bail, directing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illegal liquor possession under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illegal liquor
- prohibition law
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14231 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
Shanti Devi Wife of Arjun Sahani Resident of village - Kawalpur Kanhi Tola,
P.S.- Turkauliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Turkauliya P.S. Case No. 27 of 2026, instituted for the offences
punishable under Sections 274, 275 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 320
liters of country made liquor was recovered adjacent to the hut
of the petitioner in a paddy straw. 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
Patna High Court CR. MISC. No.14231 of 2026(3) dt.13-03-2026
2/2
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
made from open place, which is accessible to public at large.
The petitioner is in custody since 17.01.2026 and has got no
criminal antecedent. 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 Turkauliya P.S. Case
No. 27 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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