Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioners be released on regular bail.
Summary
The petitioners, three women residing in Shankar Parsauna, were arrested in connection with the alleged recovery of 52 litres of illicit spirit behind their house, under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and multiple provisions of the Bihar Prohibition and Excise Act. They contended that the seizure was not made from their possession, that the police failed to comply with Section 105 of the B.N.S., and that they have no criminal antecedents, having been in judicial custody since 6 April 2026. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found merit in the petitioners' arguments regarding procedural lapses and their personal circumstances, and ordered that they be released on regular bail. Each petitioner must furnish a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court No. 1, Motihari.
Issues considered
- Whether regular bail can be granted to the accused under the offences punishable under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and the cited sections of the Bihar Prohibition and Excise Act.
- Whether the seizure of the alleged liquor complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioners pose a flight risk or risk of tampering with evidence warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 30(b), 32(2), 32(3), 33, 36, 41(1), 42(2)
Subjects
- regular bail
- bail under narcotic and excise laws
- procedural lapse in seizure
- women detainees
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- Section 105 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32754 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Sangita Devi W/o Arbind Yadav Resident of village - Shankar Parsauna,
P.s.- Turkauliya, Distt- East Champaran
2. Arti Devi W/o Vinay Yadav Resident of village - Shankar Parsauna, P.s.-
Turkauliya, Distt- East Champaran
3. Renu Devi W/o Vikash Kumar Resident of village - Shankar Parsauna, P.s.-
Turkauliya, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 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 274,
275 and 3(5) of B.N.S. and Sections 30(a), 30(b), 32(2), 32(3),
33, 36, 41(1) and 42(2) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that behind
the house of these petitioners, altogether 52 liters of royal teak
super power spirit was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.32754 of 2026(2) dt.12-05-2026
2/2
committed no offence. They have been falsely implicated in this
case. Learned cousnel for the petitioners has submitted that from
perusal of the F.I.R. itself it is clear that no recovery was made
from the possession of these petitioners rather the recovery was
made behind their house. They have no concern with the alleged
liquor. It has further been submitted that the witnesses of the
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure.
Petitioners are ladies. They are having no criminal antecedent and
they are languishing in judicial custody since 06.04.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer for bail of the petitioners.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.1, Motihari, East Champaran
in connection with Turkauliya P.S. Case No. 182 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.