Patna High Court
Pushpa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to a bond and specified conditions.
Summary
Petitioners Pushpa Devi and Deepu Kumar were arrested on 22 February 2026 in connection with an FIR under Section 30(a) of the Bihar Prohibition & Excise Act, 2018 for alleged possession of 276.64 litres of country‑made and foreign liquor. They contended that the liquor was not recovered from their conscious possession but from their house based on a disclosure by petitioner 2, and that the seizure violated Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, while the petitioners highlighted clean antecedents for petitioner 1 and that petitioner 2 already had bail in two other cases. The High Court, noting the lack of direct possession and procedural lapses, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the Special Judge, Excise Court No II, Buxar to implement the bail without delay for verification.
Issues considered
- Whether bail should be granted when the accused are not in conscious possession of the seized liquor.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 justifies granting bail.
- Whether the existence of other pending cases against petitioner 2 affects the bail application.
Subjects
- bail
- excise law
- liquor seizure
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22653 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
1. Pushpa Devi Wife of Late Shyam Bihari Chauhan Resident Of Village-
Majhariya, Ps- Buxar (industrial) Dist- Buxar
2. Deepu Kumar @ Dipu chauhan @ Dipu Kumar Son of Late shyam Bihari
chauhan Resident Of Village- Majhariya, Ps- Buxar (industrial) Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Amit Kumar Pandey, learned counsel for
the petitioners and Mr. Rajendra Prasad Nat, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
22.02.2026, in connection with Buxar (Industrial) P.S. Case No. 34
of 2026, F.I.R. dated 22.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition & Excise
Act, 2018.
3. Recovery is of 276.64 litres of country made and
foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioner no. 2 carries two more cases other than the present one
in which he is on bail and petitioner no. 1 having clean antecedent
Patna High Court CR. MISC. No.22653 of 2026(2) dt.07-04-2026
2/3
and they have been falsely implicated in the present case. He
further submits that it appears from the F.I.R. as well as seizure list
that nothing has been recovered from the conscious possession of
the petitioners rather recovery has been made on the basis of
disclosure made by the petitioner no. 2, namely, Deepu Kumar @
Dipu Chauhan and recovery has been made from the house of the
petitioners. Learned counsel for the petitioners further submits that
although recovery has been made from the house of the petitioners
but from perusal of the seizure list it appears that there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 22.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Court
No. II, Buxar in connection with Buxar (Industrial) P.S. Case No.
34 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.22653 of 2026(2) dt.07-04-2026
3/3
(1) Petitioners 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
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. 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)
Ibrar//-
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