Patna High Court
Sharmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
Sharmila Devi was arrested near a train bogie after 15.120 litres of illicit foreign liquor was recovered from a bag placed near the toilet. She was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed she was merely standing nearby, that the liquor was not in her possession, and that she was falsely implicated, though she has one prior criminal antecedent and has been in custody since 1 March 2026. The State opposed bail, while the petitioner’s counsel sought release. The court, noting that the petitioner is a woman, the relatively modest quantity recovered, and the length of her custody, granted bail on a Rs.10,000 bond with two sureties and specific conditions under Section 480(3) of the B.N.S.S.
Issues considered
- What considerations govern the grant of bail in offences under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s gender and the quantity of liquor recovered justify bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition and excise
- illicit liquor
- criminal procedure
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30314 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Sharmila Devi W/O Bilar Sahni @ Vilat Sahni, R/o Village- Mohammadpur,
P.S- Mahnar, Distt.- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Nalin Kumar, Advocate
For the State : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Chapra Rail P.S. Case No. 45 of 2026, dated
28.02.2026, registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, recovery of 15.120
litres of illicit foreign liquor was made from the possession of
the petitioner when she was apprehended due to her suspicious
activities.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and she has falsely
been implicated in the present case. Nothing incriminating has
been recovered from the person or possession of this petitioner.
Recovery has been made from the bag kept near the toilet of
Patna High Court CR. MISC. No.30314 of 2026(2) dt.11-05-2026
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bogie in a train as the petitioner was standing near by and she
was apprehended merely on suspicion. Petitioner has got one
criminal antecedent. Learned counsel lastly submits that
petitioner is in custody since 01.03.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner is a lady and further considering the quantity
of recovery from her and also considering her period of custody,
the petitioner, above-named, is directed to be released on bail,
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned 3rd Exclusive Special Excise Court, Saran
at Chapra / concerned Court, in connection with Chapra Rail
P.S. Case No. 45 of 2026, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
Patna High Court CR. MISC. No.30314 of 2026(2) dt.11-05-2026
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trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Ankita /
Shahnawaz/-
U T
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