Created by Fuzzy Cloud

Patna High Court

Pusho DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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;
             Patna High Court CR. MISC. No.20898 of 2026(3) dt.19-05-2026
                                                         4/4




                                    (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.