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Patna High Court

Geeta DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Geeta Devi sought bail after a case was registered against her under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 10 litres of illicit liquor from an animal feeding room outside her house. She contended that the liquor was not in her conscious possession, she had no criminal antecedent, and she was falsely implicated. The State opposed the bail application. The Court considered the facts, the clean antecedent of the petitioner, and the circumstances of the recovery, and ordered that she be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged recovery of illicit liquor from a location outside her residence.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26064 of 2026
                        Arising Out of PS. Case No.-30 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
                 Geeta Devi W/O Godhan Bin, Resident of Village- Tatarahar, P.s.- Sikraul,
                 Dist.- Buxar.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Gupta, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                     3. As per the prosecution case, 10 litres illicit

                   liquor was recovered from animal feeding room (kutti room) of

                   petitioner.

                                     4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   the recovery is made from animal feeding room situated outside

                   the house which is an open place. Petitioner has no concern with

                   the seized liquor. Nothing has been recovered from the

                   conscious possession of the petitioner. Petitioner is a lady
            Patna High Court CR. MISC. No.26064 of 2026(2) dt.22-04-2026
                                                        2/2




                      having no criminal antecedent and she undertakes to cooperate

                      in the investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties and

                      clean antecedent of the petitioner, let the above named petitioner

                      be released on bail, in the event of arrest or surrender before the

                      Court concerned within a period of six 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

                      learned Exclusive Special Judge, Excise Court No. 2, Buxar, in

                      connection with Sikraul P.S. Case No. 30 of 2026, subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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