Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sita Devi, was arrested on 17 January 2026 in connection with an excise case involving 42.15 litres of illicit foreign liquor, of which 17.01 litres were allegedly recovered from her possession. She was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner pleaded that she has a clean antecedent and that the FIR is fabricated, while the prosecution opposed bail. The court noted the non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023 but considered the petitioner’s clean record. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedent. The bail order was directed to be implemented by the Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite alleged non‑compliance of Sections 103 and 105 of the BNSS Act, 2023.
- Whether the petitioner’s clean criminal antecedent and claim of false implication justify the grant of bail.
- What conditions, if any, may be imposed on bail in excise‑related offences.
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- non‑compliance of statutory provisions
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18355 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Sita Devi D/O Late Amardeo Sahni R/O Vill - Gosai Ghat, P.S- Alamganj ,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Shekhar Harshvardhan, learned counsel
for the petitioner and Mr. Akbar Ali, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.01.2026 in connection with Sadar Excise P.S. Case No. 13 of
2026, F.I.R. dated 17.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Recovery is of 42.150 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. He further submits that
Patna High Court CR. MISC. No.18355 of 2026(2) dt.24-03-2026
2/3
altogether 42.15 litres of illicit foreign liquor has been recovered
from the place of occurrence and 17.01 litre of illicit liquor has
been recovered from the possession of the petitioner. There is
non-compliance of Sections 103/105 of the BNSS, 2023. The
petitioner is in custody since 17.01.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is non-
compliance of Section 103/105 of the B.N.S.S, 2023, 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 the learned Exclusive
Special Excise Court No.03, Saran at Chapra in connection with
Sadar Excise P.S. Case No. 13 of 2026, subject to 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.18355 of 2026(2) dt.24-03-2026
3/3
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 her
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)
Vanisha/-
U T
Checking your session…