Patna High Court

Ruksana Khatoon @ Rukhsana KhatunversusThe State of Bihar

Decided: 9 March 2026
Disposal: BAIL GRANTED
Bench: RAJESH KUMAR VERMA

Holding

The court held that bail should be granted, subject to a bond of Rs 10,000 and conditions ensuring trial cooperation and no tampering with evidence.

Summary

The petitioner, Ruksana Khatoon, was arrested on 24 January 2026 for possession of 8.640 litres of illicit liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. She applied for bail, claiming a clean antecedent and highlighting non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 in the investigation. The State opposed the bail application. The High Court considered the nature of the offence, the petitioner’s antecedents, and the procedural lapses, and ordered that bail be granted on a bond of Rs 10,000 with two sureties and specific conditions regarding trial cooperation, evidence tampering, and verification of antecedents. The order directed that the bail bond be accepted without delay for verification purposes.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for possession of illicit liquor.
Whether the alleged non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 affects the grant of bail.
Whether the petitioner’s clean antecedent warrants bail.

Subjects

bail
illicit liquor
excise law
Section 30(a)
Bihar Prohibition and Excise Act
BNSS 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15009 of 2026
                      Arising Out of PS. Case No.-90 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Ruksana Khatoon @ Rukhsana Khatun W/o Md. Samim Resident of Hospital
                 Road, Ward no. 7, PS- Forbesganj, District- Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ranjeet Choubey, Advocate
                 For the Opposite Party/s :         Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-03-2026                     Heard Mr.Ranjeet Choubey, learned counsel for the

                   petitioner and Ms.Renu Kumari, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   24.01.2026 in connection with Special Case No.91 of 2026

                   arising out of Kishanganj Excise P.S. Case No. 90 of 2026, F.I.R.

                   dated 24.01.2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Recovery is of 8.640 liters of illicit liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. It appears from

                   the FIR as well as the seizure list that altogether 8.640 liters of

                   illicit liquor was recovered from the Bag of the petitioner and

                   there is non-compliance of Section 103 of BNSS, 2023 and the
Patna High Court CR. MISC. No.15009 of 2026(2) dt.09-03-2026
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          petitioner is in custody since 24.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge, Excise-II,

          Kishanganj in connection with Special Case No.91 of 2026

          arising out of Kishanganj Excise P.S. Case No. 90 of 2026, with

          the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at any

          stage, it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation of
               Patna High Court CR. MISC. No.15009 of 2026(2) dt.09-03-2026
                                                           3/3




                         bail bond of the petitioner. However, the acceptance of bail

                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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