Patna High Court

Usha DeviversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner, holding that she is not directly responsible for the seized contraband and should be released on condition of a bail bond.

Summary

The petitioner, Usha Devi, a resident of Patna, was implicated in a case under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 30(c) of the Bihar Prohibition and Excise Act after 60 kg of Mahua flower was seized from a motorcycle she owned. She claimed the motorcycle had been lent to her nephew, who was the actual accused, and that she had no knowledge of the illegal activity. The State opposed her bail application, arguing the seriousness of the offences. The Court considered her lack of criminal antecedents, her ownership of the vehicle, and the fact that the seizure was not from her personal possession. Consequently, the Court ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) BNSS. The bail order was conditioned on her surrender within four weeks if arrested.

Issues considered

Whether the petitioner is liable for offences under Section 482 BNSS and Section 30(c) Bihar Prohibition and Excise Act despite not being in physical possession of the seized goods.
Whether bail should be granted to the petitioner given the circumstances of ownership and alleged false implication.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482, 482(2)

Subjects

bail
criminal procedure
excise law
false implication
vehicle ownership

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18055 of 2026
                         Arising Out of PS. Case No.-569 Year-2023 Thana- SAHPUR District- Patna
                 ======================================================
                 Usha Devi W/o Sunil Paswan R/o Village - Balua, P.S.- Maner, District –
                 Patna.                                                 ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rahul Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                    2.        The petitioner apprehends her arrest in a case registered

                   for the offences punishable under Section 482 of the B.N.S.S.

                   and Section 30 (c) of the Bihar Prohibition and Excise Act.

                   3.        A bare perusal of the first information report and the

                   seizure list would go to show that total 60 kgs. of Mahua

                   flower was recovered from a motorcycle and the petitioner is

                   registered owner of the said motorcycle.

                   4.       It is submitted by learned counsel for the petitioner that

                   the name of the petitioner has been falsely implicated in this

                   case for reason that the petitioner is the registered owner of the

                   said motorcycle. No recovery has been made from the

                   conscious or physical possession of the petitioner. As a matter

                   of fact, the apprehended accused, who is nephew of the
            Patna High Court CR. MISC. No.18055 of 2026(2) dt.06-04-2026
                                                        2/2




                      petitioner, has borrowed the motorcycle from the petitioner for

                      some work and the petitioner had given the said motorcycle to

                      her nephew without knowing the reason or the purpose.

                      Petitioner is a lady with no criminal antecedent.

                      5.        Learned APP for the State opposed the prayer for bail.

                      6.       Having regard to the facts and circumstances of the case

                      as well as the fact that the petitioner is the registered owner of

                      the said motorcycle and she has given the same to her nephew,

                      let the above named petitioner, be released on bail, in the event

                      of her arrest or surrender before the learned Court below within

                      a period of four weeks from today, on furnishing bail bond of

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

                      amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Shahpur P.S. Case No.569 of 2023, subject to the condition as

                      laid down under Section 482 (2) Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T

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