Patna High Court

Usha DeviversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner subject to a bond of Rs.30,000 and conditions under the BNSS, 2023.

Summary

The petitioner, Usha Devi, sought anticipatory bail after the police alleged her involvement in the seizure of 239.4 litres of foreign and country-made liquor from three motorcycles in Buxar. She contended that she was not present at the scene, that only 52.92 litres were recovered from her motorcycle, and that the vehicle was used by another person. The State opposed the bail, noting the seriousness of the offence under Section 317(5) of the BNS read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, but also acknowledged the petitioner’s clean criminal record. The Court examined whether the petitioner could be granted anticipatory bail under Section 2(1)(d) and Section 482(2) of the BNSS, 2023. Finding insufficient grounds to deny bail and considering the petitioner’s clean antecedents, the Court ordered her release on anticipatory bail subject to a bond of Rs.30,000 and the conditions prescribed by law.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 in a case involving alleged liquor seizure.
Whether the allegations under Section 317(5) of the BNS read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 establish a prima facie case against the petitioner.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 317(5)
Bihar Prohibition and Excise Amendment Act
BNSS 2023
bail bond
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15868 of 2026
                         Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR District- Buxar
                 ======================================================
                 Usha Devi W/o Karim Rajak R/o vill - Sohani Patti, Buxar, P.s.- Buxar
                 (Town), Distt.- Buxar
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dr.Kamal Deo Sharma, Adv.
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                      Heard Learned Counsel for the petitioner and

                   Learned A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Buxar (T) P.S. Case No.22 of 2026, for the offence

                   punishable under Section 317(5) of the BNS read with Section

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

                   2018.

                                3. As per the prosecution, the total recovery of 239.4

                   litres of foreign and countery-made liquor have been alleged to

                   be made from three different motorcycles, which is the subject

                   matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the spot and his

                   name has been transpired only due to owner of one of the
           Patna High Court CR. MISC. No.15868 of 2026(2) dt.25-03-2026
                                                       2/2




                     alleged motorcycle. Counsel further submits that criminal

                     antecedent of the petitioner is clean. He further submits that the

                     from petitioner’s motorcycle only 52.92 liters wine alleged to be

                     recovered. He further submits that the petitioner’s motorcycle

                     was used by some other person to do such wrong.

                                  5. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that criminal antecedent of the

                     petitioner is clean.

                                  6. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Exclusive Special Judge, Excise Court No.-1,

                     Buxar, in connection with Buxar (T) P.S. Case No.22 of 2026,

                     subject to the conditions as laid down U/s 482(2) of the BNSS,

                     2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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