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Patna High Court

Anuthiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
                                                      2/2




                    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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