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Patna High Court

Sharmila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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