Patna High Court
Bharti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioners, being mere passengers with no possession or involvement in the illicit liquor, are entitled to regular bail.
Summary
Bharti Devi and Piyush Kumar were passengers in an auto from which 88.75 litres of illicit liquor was seized, leading to charges under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioners contended they had no possession, were not involved in the alleged consignment, and that the seizure list was not prepared in compliance with Section 105 of the BNSS. They had been in judicial custody since 13 March 2026 and sought regular bail. The State opposed the bail, but the court, after hearing both sides, found the petitioners to be mere passengers without any incriminating link to the liquor. Consequently, the court granted regular bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to satisfaction of the Exclusive Special Judge Excise‑I, Purnea.
Issues considered
- Whether the petitioners, as passengers with no possession of illicit liquor, are entitled to regular bail under the Bihar Prohibition and Excise Act
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list affects the bail application
- Whether the procedural requirements for bail in offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act have been satisfied
Legislation cited
- Bihar Negotiable Securities Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- possession
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30867 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- BAISI District- Purnia
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1. Bharti Devi W/o Shakti Banjara @ Shakti Kumar Banjara R/o vill -
Jurabganj, ward no. 1, P.S.- Kodha, Distt.- Katihar
2. Piyush Kumar S/o Shakti Banjara @ Shakti Kumar Banjara R/o vill -
Jurabganj, ward no. 1, P.S.- Kodha, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Kumar Jha
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from an auto,
altogether 88.750 liters of illicit liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
are merely passengers of the said vehicle. They were having no
Patna High Court CR. MISC. No.30867 of 2026(2) dt.07-05-2026
2/2
information regarding the alleged consignment and they have no
concern with the alleged recovery. There is no independent
witness of the seizure list rather they are police personnel and
police has not complied Section 105 of BNSS while preparing
the seizure list. Moreover, they are languishing in judicial
custody since 13.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Baisi P.S. Case No. 99 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise-I, Purnea.
(Ashok Kumar Pandey, J)
shubham/-
U T
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