Patna High Court
Pusho DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding procedural irregularities in the seizure and insufficient evidence to justify denial of bail.
Summary
Petitioner Pusho Devi, a widow, was implicated in a case for allegedly possessing 20 litres of country-made liquor seized from her house, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. She contended that the seizure violated the procedural requirements of Sections 103 and 105 of the BNSS and that the accusation was based solely on a local person's statement, with no liquor found in her conscious possession. The State opposed her anticipatory bail application. The Court examined the procedural lapses in the seizure and the lack of direct evidence linking the petitioner to the liquor, and consequently decided to grant anticipatory bail subject to strict conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and imposed conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the seizure of the liquor complied with Sections 103 and 105 of the BNSS.
- Whether the petitioner can be held liable based solely on a local person's statement.
- Effect of the petitioner’s prior criminal antecedent on the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 103, 105
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- seizure procedure
- prohibition act
- liquor offence
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20898 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- KISHANGANJ District- Kishanganj
======================================================
Pusho Devi W/o Mangla Paswan @ Ashok Paswan R/o Dumaria Bhatta,
Paswan Tola, Ward No. 29, P.S.- Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 19-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kishanganj P.S. Case No. 81 of 2026, dated
29.01.2026 registered for the offences punishable under
Section 30(a) of Bihar Prohibition and Excise Amendment
Act.
3. As per prosecution case, altogether 20 litres of
country-made liquor has been recovered from the house of
this petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.20898 of 2026(3) dt.19-05-2026
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the petitioner is quite innocent, has not committed any offence
and has falsely been implicated in the present case. Nothing
incriminating has been recovered from the conscious
possession of this petitioner. As per the FIR, recovery of 20
litres country-made liquor from 4 plastic box containing 5
litres each is said to have been made from the house of the
petitioner. It is the case of the petitioner that the petitioner is a
widow and is not related with the seized article, while the
procedures for seizure as enumerated under Sections 103 and
105 of BNSS have not been followed and the petitioner’s
implication in the instant case is made on the basis of
statement of local person who is said to have named this
petitioner. Moreover, a statement has been made in para 3 of
this petition that the petitioner has one criminal antecedent in
which she is on bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and that there is violation of preparation of seizure and name
of this petitioner has been transpired on the statement made
by the local person, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.20898 of 2026(3) dt.19-05-2026
3/4
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned Exclusive Special Judge Excise-
I, Kishangaj in connection with Kishanganj P.S. Case No. 81
of 2026 , subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing
any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
Abhishek/-
U T
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