Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, in the absence of direct possession or material evidence linking the petitioner to the seized liquor, bail should be granted subject to standard conditions.
Summary
The petitioner, Sangita Devi, a Pardanashin woman, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 77 litres of country‑made liquor were recovered from a polythene bag allegedly thrown by her. She argued that the seizure was made in a public place, she was not caught in possession, and the search and seizure violated mandatory procedural requirements. The court noted the absence of any material linking the petitioner directly to the contraband and her clean criminal record. Considering these facts, the court ordered that she be released on bail if arrested or surrendered within four weeks, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Cr.P.C. §§438(2) and 482(2). The order also required her cooperation with the investigation.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 to a person not found in physical possession of the seized liquor?
- Whether the seizure and search complied with the mandatory procedural provisions under the Criminal Procedure Code.
- Whether bail should be granted in view of the petitioner’s lack of criminal antecedent and the circumstances of the alleged offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- bail
- prohibition act
- search and seizure
- false implication
- Pardanashin
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25981 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- DARIGAON District- Rohtas
======================================================
Sangita Devi Wife of Heera Ram @ Hira Ram @ HariShankar Ram Resident
of Village- Belahar, P.S.- Darigawan, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra
For the Opposite Party/s : Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. A perusal of the first information report and the
seizure list would go to show that total 77 liters of country made
liquor has been recovered from a polythene allegedly thrown by
the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is a Pardanashin lady and has been falsely
implicated in this case. It is further submitted that the place of
recovery is an open place and easily accessible to anyone, hence
no liability can be fastened on this petitioner. It is also a fact that
Patna High Court CR. MISC. No.25981 of 2026(2) dt.24-04-2026
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the petitioner was not caught on the spot and nothing has been
recovered from the physical or conscious possession of the
petitioner. There is violation of mandatory provisions of search
and seizure.
5. Taking into consideration the facts and
circumstances of the case and further that the petitioner has no
criminal antecedent, let the above named petitioner, be released
on bail, in the event of her arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/ successor Court
in connection with Darigaon P.S. Case No.37 of 2026, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./Section 482 (2) B.N.S.S. and subject to the further
condition that the petitioner shall cooperate in the
investigation/trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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