Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sunita Devi was accused of possessing 20 litres of country-made liquor behind her house under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. She applied for bail, arguing that the liquor was recovered from an open area behind her house and not from her conscious possession, and that she has a clean record. The State opposed the bail. The High Court considered the facts, the nature of the alleged offence, and the petitioner’s antecedents, and ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was granted for a period of six weeks, contingent on surrender to the lower court. The application for bail was allowed.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the alleged liquor was in the accused's conscious possession, affecting the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- inherent powers
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32649 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- GADHPURA District- Begusarai
======================================================
Sunita Devi, aged about 37 years, (Female), W/O Late Dharmendra
Chaudhary, R/O Village- Bhidhara, P.S.- Garhpura, District- Begusarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Garhpura PS Case No.17 of 2026 dated 13.02.2026, instituted
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. The allegation is of recovery of 20 litres
countrymade liquor kept behind the house of the petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered either from the conscious possession
or from the house of the petitioner. The illicit liquor has been
recovered from behind the house of the petitioner which is an
open place accessible to all. Lastly, it is submitted that the
Patna High Court CR. MISC. No.32649 of 2026(2) dt.13-05-2026
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petitioner is a lady having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge-1, Begusarai, in Garhpura PS
Case No.17 of 2026, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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