Patna High Court
Uma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Uma Devi, wife of the late Ashok Sahani, was arrested on 26‑12‑2025 in connection with a case involving the seizure of 65 litres of country‑made liquor from her residence, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she was falsely implicated, arguing that the house is joint family property and that the seizure was conducted by Home Guard personnel without compliance with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting two other similar cases against her, though she was already on bail in those matters. The Court examined the bail petition, the procedural deficiencies alleged, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023.
- Impact of the petitioner’s other pending cases on the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- joint family property
- procedural compliance
- home guard
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16834 of 2026
Arising Out of PS. Case No.-598 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Uma Devi Wife of Late Ashok Sahani R/o Village - Nandpur Ward No. 5. P.S.
- Muffasil, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 12-05-2026 Heard Mr.Rajesh Kumar, learned counsel for the
petitioner and Mr.Upendra Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
26.12.2025 in connection with Muffasil P.S. Case No. 598 of
2025, F.I.R. dated 16.09.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 65 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. It appears from the FIR as well as the seizure list
that 65 liters of country made liquor has been recovered from
house of the petitioner but the petitioner is not the exclusive
Patna High Court CR. MISC. No.16834 of 2026(3) dt.12-05-2026
2/3
owner of the house in question rather the house in question is
the joint family property of the petitioner and it appers from the
FIR as well as the seizure list that the seizure list witnesses are
Home Guard personnel so there is non-compliance of Sections
103 and 105 of BNSS, 2023 and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 26.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one of similar nature but
he fairly submits that the petitioner is on bail in both the cases,
as mentioned in Paragraph no.2 of the Supplementary Affidavit.
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 Exclusive Special Excise
Judge Court No.1, Civil Court, East Champaran, Motihari in
connection with Muffasil P.S. Case No. 598 of 2025,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
Patna High Court CR. MISC. No.16834 of 2026(3) dt.12-05-2026
3/3
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 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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