Patna High Court

Usha Devi @ UshaversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Usha Devi, sought anticipatory bail after learning that she might be arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 210 litres of liquor were seized, including 15 litres from her hut. She contended that her name was implicated solely on the basis of a co‑accused’s confessional statement and that she had no knowledge of the liquor, no criminal antecedent, and that the alleged recovery occurred in a joint family house. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 and two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioner.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 482(2)
Section 103
liquor seizure
joint family house
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16711 of 2026
                  Arising Out of PS. Case No.-85 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Usha Devi @ Usha W/O Late Umesh Mukhiya R/o- Ghiwahi Parsa, Ps-
                 Shivajinagar, Distt- Samastipur
                                                                   ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr. Nityanand Tiwari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-03-2026                  Heard Mr. Saroj Kumar Choudhary, learned counsel

                   for the petitioner and Mr. Nityanand Tiwari, learned APP for the

                   State.

                               2. The petitioner apprehends his arrest in connection

                   with Shivajinagar P.S. Case No. 85 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 210 litres

                   of liquor was recovered, out of which 15 litres was recovered

                   from the hut of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner is innocent lady and has falsely been implicated in the

                   present case. The name of the petitioner transpired in this case

                   on the basis of confessional statement of the apprehended co-

                   accused. Learned counsel further submitted that petitioner has
           Patna High Court CR. MISC. No.16711 of 2026(2) dt.13-03-2026
                                                       2/2




                     no knowledge and concern with the alleged recovery. Learned

                     counsel further submitted that the alleged recovery has been

                     made from the joint house where other family members also

                     reside. Learned counsel, therefore, submitted that prima-facie,

                     no case is made out against the petitioner. The petitioner has no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika 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, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory 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 Shivajinagar P.S.

                     Case No. 85 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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