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Patna High Court

Kavita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




          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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