Patna High Court
Sumita Tudu @ SunitaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The bail application was allowed, granting the petitioner release on bail.
Summary
The petitioner, Sumita Tudu, was arrested in connection with the recovery of 37 litres of illicit country-made liquor from her residence, alleged to be in violation of sections 30, 34, 44 read with sections 32 and 47 of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor, was falsely implicated, and had only one prior criminal antecedent, having been in custody since 6 April 2026. The State opposed her bail application. The High Court, after considering the facts, the period of custody, and the nature of the allegations, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the Special Judge, Excise, Kishanganj. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving recovery of illicit liquor and a prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30, 32, 34, 44, 47
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34258 of 2026
Arising Out of PS. Case No.-286 Year-2023 Thana- BAHADURGANJ District- Kishanganj
======================================================
Sumita Tudu @ Sunita W/o Late Budhu Hembram R/o vill - Nawab Jagir
Bangama, P.s.- Katihar, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Bahadurganj P.S. Case
No. 286 of 2023 registered under sections 30, 34, 44 read with
Section 32 & 47 of the Bihar Prohibition and Excise Act.
3. There is recovery of 37 litres of illicit country made
liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating article has been recovered from
the conscious possession of the petitioner. Petitioner has no
concern with the seized recovery. Petitioner has one criminal
antecedent and he is in custody since 06.04.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34258 of 2026(2) dt.19-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, this bail application is allowed.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, Excise, Kishanganj
/concerned court below in connection with Bahadurganj P.S.
Case No. 286 of 2023.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-Nitesh
U T
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