Patna High Court
Rambha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners, finding that the procedural deficiencies and lack of direct possession justified release on bond.
Summary
Rambha Devi and Manish Kumar were arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of large quantities of illicit country‑made liquor. The petitioners contended that the liquor was not recovered from their possession and that the police had failed to comply with Section 105 of the BNSS while making the seizure, asserting that they were falsely implicated. They had been in judicial custody since 20‑11‑2025 and sought bail, while the State opposed bail on the ground of a criminal antecedent of petitioner no. 2. After hearing both sides, the Court found merit in the petitioners’ arguments and decided to enlarge bail. The bail was ordered on the condition of a Rs 10,000 bond each, with two sureties, to be satisfied before the Exclusive Special Excise Court No. 1, East Champaran.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering alleged procedural lapses in seizure.
- Whether the existence of a prior criminal case against one petitioner justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- illicit liquor
- procedural lapse
- Section 30(a)
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22944 of 2026
Arising Out of PS. Case No.-659 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Rambha Devi W/O Late Bam Manjhi R/O Village- Bharauniya, Musahari
Tola, P.S.- Muffasil, Distt.- East Champaran.
2. Manish Kumar S/O Late Bani Manjhi @ Benilal Manjhi R/O Village-
Bharauniya, Musahari Tola, P.S.- Muffasil, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Muffasil P.S. Case No. 659 of 2025 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that 145 liters
of illicit country-made liquor were recovered from the house of
petitioner no. 2 and 250 liters of country-made liquor were
recovered from the house of petitioner no. 1.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.22944 of 2026(2) dt.07-04-2026
2/2
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section 105
of the BNSS while making the seizure. He further submits that the
petitioners are languishing in judicial custody since 20.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that petitioner no. 2 is having criminal
antecedent of one case whereas petitioner no. 1 has no criminal
antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.1, Civil Court, East
Champaran at Motihari in connection with Muffasil P.S. Case No.
659 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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