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Patna High Court

Sudha Devi @ Sugiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Given the petitioner’s clean antecedent and the alleged procedural irregularities in the seizure, the Court held that bail should be granted subject to strict conditions.

Summary

Sudha Devi was arrested on 18 March 2026 in connection with a case alleging possession of 10 litres of illicit country‑made liquor, part of a total seizure of 60 litres under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed she has a clean antecedent and that the police had planted the liquor and failed to comply with Sections 103 and 105 of the B.N.S.S. 2023 regarding the seizure list. The State opposed bail, arguing the seriousness of the offence. The Court, noting the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions relating to trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge, Excise, 3rd Saran, Chapra.

Issues considered

  • Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance with Sections 103 and 105 of the B.N.S.S. 2023 regarding the seizure list warrants bail.
  • Whether the alleged planting of evidence by police affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • procedural lapse
  • seizure list
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30568 of 2026
                          Arising Out of PS. Case No.-70 Year-2026 Thana- KOPA District- Saran
                 ======================================================
                 Sudha Devi @ Sugiya Devi W/O Late Rajaram Bin R/O Vill.- Natwar
                 Semariya, P.S.- Revilganj, Dist.- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                        Heard Mr.Mrityunjay Kumar Tiwary, learned

                   counsel for the petitioner and Mr.Pradeep Narain Kumar,

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   18.03.2026 in connection with Kopa P.S. Case No. 70 of 2026,

                   F.I.R. dated 17.03.2026 registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

                                3. Recovery is of 60 liters of illicit country made

                   liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent and she has

                   falsely been implicated in the present case. As per allegation in

                   the FIR altogether 60 litres of country made liquor was

                   recovered from possession of three accused persons and from
Patna High Court CR. MISC. No.30568 of 2026(2) dt.05-05-2026
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          possession of the petitioner, 10 liter country made liquor was

          recovered. Learned counsel for the petitioner further submits

          that in fact nothing has been recovered from possession of the

          petitioner rather the police has planted the same and shown that

          the recovery has been made from possession of the petitioner.

          Further submits that from a bare perusal of the seizure list it

          appears that the seizure list witnesses are police personnel so

          there is non-compliance of Sections 103 and 105 of B.N.S.S.

          2023 and the petitioner is in custody since 18.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge, Excise 3rd Saran, Chapra in connection with

          Kopa P.S. Case No. 70 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.30568 of 2026(2) dt.05-05-2026
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                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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