Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
Rita Devi was arrested on 10 February 2026 in connection with a case involving the alleged possession of 35.575 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The liquor was recovered from a house that is jointly owned by the petitioner and her husband, and there was no evidence of her conscious possession. The petitioner, who has a clean criminal record, argued that she was falsely implicated and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail, but the court considered the lack of direct possession, the joint ownership of the property, and the petitioner's clean antecedent. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of her antecedent without delaying bail.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the recovery of liquor from a jointly owned house, without the petitioner's conscious possession, affects the bail decision.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- joint property
- clean antecedent
- Section 30(a)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19347 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- SIMRI District- Buxar
======================================================
Rita Devi W/o Manoj Sah R/o Village - Simari Dudhi Patti, P.S - Simari,
District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Dr. Kamal Deo Sharma, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2026 in connection with Simari P.S. Case No. 31 of 2026,
F.I.R. dated 09.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 35.575 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case merely on the basis that petitioner
is wife of co-accused Manoj Sah. It appears from the FIR that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the house in
Patna High Court CR. MISC. No.19347 of 2026(2) dt.31-03-2026
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question and petitioner is not the absolute owner of the house in
question, the same is a joint property of petitioner. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 10.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and recovery have been made
from joint house property of the petitioner, 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 judge,
Excise Court No-2, Buxar in connection with Simari P.S. Case
No. 31 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
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
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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)
Suruchi/-
U T
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