Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Kavita Devi was arrested on 9 April 2026 under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 43.20 litres of English wine from the house of her father, who is a co‑accused. The petitioner argued that she had no conscious possession of the wine and possessed a clean antecedent, contending that the charge was based merely on suspicion. The State opposed bail, citing the seriousness of the offence. The High Court considered the facts, the lack of direct possession, and the petitioner’s background, and ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of her criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the seized contraband was recovered from a co‑accused’s premises and no conscious possession is established.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions imposed by the court are appropriate for granting bail in such offences.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- possession
- seizure
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32849 of 2026
Arising Out of PS. Case No.-214 Year-2026 Thana- MASHRAK District- Saran
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Kavita Devi D/O Shanker Sah @ Shanker Saha R/O Vill.- Mashrakh Purab
Tola, P.S.- Mashrakh, Dist.- Saran. at present village - Darwa,P.S. - Isuapur,
Dist. - Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Nawal Kishore Singh, learned counsel
for the petitioner and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.04.2026 in connection with Mashrakh P.S. Case No. 214 of
2026 for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that one
Reazuddin Ansari S.I. of dial 112 of Mashrakh Police Station,
received an information that this petitioner has kept hidden
English wine for the purpose of selling. It is next alleged that on
receipt of this information police party reached thereat the spot
and on seeing the police party this petitioner started to flee
Patna High Court CR. MISC. No.32849 of 2026(2) dt.13-05-2026
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away. It is next alleged that after chase, she was apprehended on
the spot and upon the searching at the spot police recovered
43.20 liters of English wine from thereon spot. It is next alleged
that the police seized the recovered English wine and
accordingly a search and seizure list was prepared there from the
P.Ο.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the house of the co-accused person, namely, Shanker Saha,
who is happened to be father of the petitioner, and she has been
made an accused in this case merely on the basis of suspicion
and petitioner is in custody since 09.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court of
2nd Exclusive Special Excise Judge, Saran at Chapra in
connection with Mashrakh P.S. Case No. 214 of 2026, subject to
Patna High Court CR. MISC. No.32849 of 2026(2) dt.13-05-2026
3/3
the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-
U T
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