Patna High Court
Sumitra DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sumitra Devi, sought bail in an excise case where 9 litres of illicit country-made liquor were allegedly recovered from her straw house. She contended that she was innocent, that no liquor was seized from her possession, and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, citing three prior similar offences against the petitioner. After hearing both sides, the Court considered the procedural lapse and the petitioner’s custodial situation since 17‑01‑2026. The Court granted bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special (Excise) Judge‑I, Saharsa.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- procedural lapse
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24806 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Sumitra Devi W/o Late Bharamdev Das R/o village - Bengha, ward No.10,
P.S - Saharsa Sadar, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No. 32 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that
altogether 9 liters of illicit country-made liquor was recovered
from the straw house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.24806 of 2026(2) dt.18-04-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
petitioner is a lady and she is languishing in judicial custody
since 17.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of three cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special (Excise) Judge-I, Saharsa in connection with
Escise P.S. Case No. 32 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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