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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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