Patna High Court
Umrawati Devi @ Umarawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Umrawati Devi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 50 litres of illicit country-made liquor recovered from a public area. She claimed innocence, argued that the liquor was not found in her possession, that the recovery was from an open place, and that procedural requirements under Section 103 of the B.N.S.S. were not complied with. The State opposed the bail application. The Court considered the facts, the petitioner’s clean record, and the procedural contentions, and ordered that she be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the B.N.S.S. were complied with in the investigation.
- Whether the fact that the liquor was recovered from an open place affects the bail eligibility.
Legislation cited
- B.N.S.S. — s. 103
Subjects
- regular bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- procedural compliance
- women detainee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18849 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- Excise Mashrakh District- Saran
======================================================
Umrawati Devi @ Umarawati Devi W/O Ambica Sah @ Amika Sah R/O
Vill.- Repura, P.S.- Marhowrah, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mashrakh Excise P.S.
Case No. 127 of 2025 registered for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 50 litres of illicit
country made liquor was recovered from Bamboo
Clamp(Baswari), where the petitioner was arrested.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the petitioner is a
lady and she has no concern with the alleged recovery. It is next
submitted that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.18849 of 2026(2) dt.25-03-2026
2/2
possession of the petitioner rather the recovery has been made
from an open place which is accessible to anyone. It is also
submitted that the procedure prescribed under Section 103 of
the B.N.S.S. has not been followed. It is lastly submitted that the
petitioner has clean criminal antecedent and is in custody since
22.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Saran at Chapra, in connection with
Mashrakh Excise P.S. Case No. 127 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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