Patna High Court
Sudha Devi @ Sugiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S.S., 2023 — s. 103, 105
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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