Patna High Court
Shimla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to specified conditions.
Summary
Shimla Devi and Sunil Kumar were arrested on 10 February 2026 in connection with a case involving the seizure of 86,400 litres of foreign liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioners argued that the liquor was not in their conscious possession and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, citing the petitioners' prior similar cases. The Court, noting the lack of direct possession and procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, imposing conditions such as a close relative as bailor, cooperation with trial, and verification of criminal antecedents. The bail order also provided for cancellation of the bond upon non‑appearance or tampering with evidence.
Issues considered
- Whether bail should be granted when the accused are not in conscious possession of the seized liquor
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Whether the petitioners' prior similar cases preclude bail
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22687 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- YADOPUR District- Gopalganj
======================================================
1. Shimla Devi Son of Late Sunil Pashwan Resident of Village - Gosai Tola,
P.S. - Tamkuhi, Dist. - Kushinagar(U.P.).
2. Sunil Kumar Son of Satan Madesiya Resident of Village - Bhatwaliya, P.S. -
Tamkuhi, Dist. - Kushinagar, Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Saurabh Kumar, learned counsel for the
petitioners and Mr. Pradeep Narain Kumar, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
10.02.2026, in connection with Yadopur P.S. Case No. 31 of 2026,
F.I.R. dated 08.02.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise
Amendment Act, 2022.
3. Recovery is of 86.400 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It appears from the F.I.R. as well as seizure list
that nothing has been recovered from the conscious possession of
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the petitioners rather recovery has been made from the vehicle in
question and altogether 86.400 litres of foreign liquor was
recovered from the vehicle in question. He further submits that
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 10.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioners
and submits that the petitioner no. 1 carries two more cases of
similar nature and petitioner no. 2 carries one more case of similar
nature but fairly submits on the basis of paragraph-3 of the bail
petition that the petitioners are on bail in the pending matters.
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 Additional Sessions Judge-XIII
cum Special Judge Excise Court-I, Gopalganj in connection with
Yadopur P.S. Case No. 31 of 2026, subject to the following
conditions :-
(1) One of the bailors should be the close relative of the
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petitioners.
(2) 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.
(3) 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.
(4) 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//-
U T
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