Patna High Court
Anuthiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail is to be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, subject to a bond and sureties.
Summary
The petitioners, three women from Samastipur, were arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for possession of foreign liquor. Quantities recovered were 6 litres from petitioner 1, 4½ litres from petitioner 2 and 7½ litres from petitioner 3. They applied for bail, contending that there was no compliance with 103 BNSS, that they are first‑time offenders (with only minor antecedents for two) and have been in custody since 28 January 2026. The State opposed the bail application. After considering the facts, the nature of the offence and the petitioners’ personal circumstances, the Court ordered that each be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge, thereby disposing of the bail petition.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 considering the nature of the offence and their personal circumstances.
Subjects
- bail
- excise
- foreign liquor
- first offence
- Bihar
- Section 30(a)
- criminal procedure
- women defendants
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18997 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- EXCISE SONPUR District- Saran
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1. Anuthiya Devi W/O Parikshan Sahni R/O Vill.- Chack Sikandar, P.S.-
Tajpur, Dist.- Samastipur.
2. Bibekha Devi W/O Lakhindra Sahni R/O Vill.- Chack Sikandar, P.S.- Tajpur,
Dist.- Samastipur.
3. Urmila Devi W/O late Nageshwar Sahni R/O Vill.- Chack Sikandar, P.S.-
Tajpur, Dist.- Samastipur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in connection with Sonpur
Excise P.S. Case No. 7 of 2026, registered for the offence under
Section 30(a) of Bihar Prohibition and Excise Amendment Act,
2022.
3. Allegedly, from petitioner No.1, 6 liters of foreign
liquor was recovered, while from petitioner No.2, 4 and ½ liters
of foreign liquor was recovered and from the possession of
petitioner No.2, 7 and ½ liters of foreign liquor was recovered.
4. Learned counsel appearing for the petitioners
submits that there is no compliance of 103 BNSS and the
Patna High Court CR. MISC. No.18997 of 2026(2) dt.25-03-2026
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petitioners are ladies and it is their first offence as regards
Excise Act. Moreover, they are languishing in custody since
28.01.2026 and although petitioner No.1 and 3 have one
criminal antecedents each, but not of similar nature, while
petitioner No.2 has got no criminal antecedents.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court-3, Saran, in
connection with Sonpur Excise P.S. Case No. 7 of 2026.
(Praveen Kumar, J)
Pawan/-
U T
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