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Patna High Court

Suganti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Suganti Devi was arrested in connection with the seizure of 11 litres of country-made liquor near her residence, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the liquor was recovered from an open area, not from her possession, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure. The State opposed bail, citing her alleged involvement in four similar prior cases. After hearing both sides, the court considered the lack of direct possession, procedural lapses, and the petitioner’s claim of innocence, and decided to grant regular bail. She was released on a bail bond of Rs.10,000 with two sureties, subject to the condition that she not commit similar offences in the future.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged prior criminal antecedents.
  • Whether the seizure procedure complied with Section 105 of the Bihar Narcotic Substances Act, affecting the bail consideration.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal antecedent
  • seizure
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28223 of 2026
                       Arising Out of PS. Case No.-476 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
                 Suganti Devi, Wife of Ashok Raut, Resident of Village- Sonauli Takiyapar,
                 P.S.- Mashrakh, District- Saran at Chapra
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   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

                   altogether 11 liters of country made liquor was recovered from

                   the bushes near the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. She has

                   been falsely implicated in this case. Nothing has been recovered

                   from her possession. The recovery was made from an open place.

                   She has no concern with the alleged recovery. It has further

                   been submitted that the witnesses of the seizure list are police

                   personnel. Police has not complied Section 105 of the B.N.S.S.
             Patna High Court CR. MISC. No.28223 of 2026(2) dt.04-05-2026
                                                         2/2




                       while making the seizure. Petitioner is languishing in judicial

                       custody since 28.02.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that petitioner is having criminal antecedent of four

                       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 released on bail in connection with

                       Mashrakh P.S. Case No. 476 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned 2nd Exclusive Special Excise

                       Judge, Saran at Chapra with the condition that petitioner shall

                       not indulge himself in similar nature of offences in future.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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