Patna High Court
Phuljhari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with specified bond and conditions.
Summary
The petitioners, Phuljhari Devi and Rajo Devi, were arrested on 2 April 2026 for possession of 14.400 litres of illicit foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, arguing that the seizure was conducted by police personnel in violation of Sections 103 and 105 of the Bihar Narcotic and Substance Surveillance Act, 2023, and that they were already on bail in a similar case. The State opposed bail, noting the existence of another pending case of similar nature, though the petitioners were on bail in that case. The Court considered the facts, the alleged procedural lapses, and the petitioners' prior bail status, and ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge, Saran, at Chapra.
Issues considered
- Whether the petitioners are entitled to bail despite alleged violations of Sections 103 and 105 of the B.N.S.S., 2023.
- Whether the existence of another pending case of similar nature affects the grant of bail in the present case.
- Whether the procedural requirements under Section 30(a) of the Bihar Prohibition and Excise Act have been complied with.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- criminal procedure
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32756 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
1. Phuljhari Devi Wife of Chandeshwar Sahni Resident of Village- Baigan
Chowk Dedaul, P.S.- Sakara, Dist.- Muzaffarpur
2. Rajo Devi Wife of Suresh Sahni Resident of Village- Banhara, P.S.-
Ahiyapur, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr.Chandra Mohan Jha, learned counsel for
the petitioners and Mr.Ashok Kumar Singh, learned A.P.P. for
the State.
2. The petitioners seeks bail, who are in custody since
02.04.2026 in connection with Sonepur Excise P.S. Case No. 25
of 2026, F.I.R. dated 02.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 14.400 liters of illicit foreign liquor.
4. Learned counsel appearing for the petitioners
submits that it appears from the FIR as well as the seizure list
that altogether 14.400 liters of illicit foreign liquor was
Patna High Court CR. MISC. No.32756 of 2026(2) dt.13-05-2026
2/3
recovered from possession of the petitioners and it appears from
the seizure list that the seizure list that the witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
the B.N.S.S., 2023 and petitioners are in custody since
02.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that the petitioners carry
one more case other than the present one of similar nature but
he fairly submits that the petitioners are on bail in the said case,
as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned 3 rd, Exclusive Special
Excise Judge, Saran at Chapra in connection with Sonepur
Excise P.S. Case No. 25 of 2026,with the following conditions:-
(I) Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.32756 of 2026(2) dt.13-05-2026
3/3
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.