Patna High Court
Ram Somari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because no material evidence was recovered from the petitioner’s possession and the investigation violated Sections 103 and 105 of the BNSS, 2023.
Summary
Ram Somari Devi was arrested on 7 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, involving the alleged recovery of 220.5 litres of Nepali Soufi liquor. The petitioner contended that the liquor was seized near the Registry Office and not from her conscious possession, arguing that the case was based merely on suspicion and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting that the petitioner had two other pending cases but was already on bail in those matters. The Court, considering the lack of material evidence against the petitioner and the procedural lapses, ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be accepted without delay for verification purposes.
Issues considered
- What is the applicability of bail when the seized contraband is not found in the accused's conscious possession?
- Does non‑compliance with Sections 103 and 105 of the BNSS, 2023, justify granting bail?
- Can suspicion alone sustain continued custody pending trial?
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- BNSS 2023
- seizure
- procedural lapse
- suspicion
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30806 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- BHUTAHI District- Sitamarhi
======================================================
Ram Somari Devi W/o Late Pragas Mukhiya R/o Village - Bhutahi Ward
No.4, PS - Bhutahi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Hans Lal Kumar, learned counsel for the
petitioner and Mr. Satyendra Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
07.04.2026, in connection with Bhutahi P.S. Case No. 36 of
2026, F.I.R. dated 20.02.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 220.5 litres of Nepali Soufi liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
that nothing has been recovered from the conscious possession
of the petitioner rather recovery has been made near the
Registry Office and petitioner has been made accused in the
Patna High Court CR. MISC. No.30806 of 2026(2) dt.06-05-2026
2/3
present case merely on the basis of suspicion and except the
suspicion, nothing has come during investigation to suggest the
involvement of the petitioner in the present occurrence. Apart
from the aforesaid, the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105
of BNSS, 2023 and the petitioner is in custody since
07.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-I, Sitamarhi in connection with Bhutahi P.S. Case
No. 36 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.30806 of 2026(2) dt.06-05-2026
3/3
(1) 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 her
criminal antecedents, 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)
Ibrar//-
U T
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