Patna High Court
Sushma devi @ Nahiyari Kumari @ Nahiyari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to specified conditions.
Summary
Petitioners, two women, were arrested on 19-04-2026 for alleged sale of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 125 litres of country-made liquor from the premises. The petitioners contended that the liquor was recovered from the place, not from their conscious possession, and that mandatory provisions of Section 103 of the BNSS, 2023 were not complied with. The State opposed bail, arguing the seriousness of the offence. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was made subject to cancellation if the conditions are breached.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of seizure and alleged lack of conscious possession.
- Whether non‑compliance with the mandatory provisions of Section 103 of the BNSS, 2023 bars the grant of bail.
- Whether the period of custody without trial justifies the release on bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- possession
- Section 30(a)
- Section 103
- BNSS 2023
- women accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36746 of 2026
Arising Out of PS. Case No.-223 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
1. Sushma devi @ Nahiyari Kumari @ Nahiyari Devi W/o Runthu Rai
Resident of Vill- Khora Bhakuwa Toli, P.O.-Khora, P.S.-Gumla, Dist.-
Gumla, Jharkhand-835207
2. Fagan Devi @ Lagan Devi W/o Nago Oraon @ Nago Rai @ Nago Ram R/o
Vill- Khora Bhakuwa Toli, P.O.- Khora, P.S.- Gumla, Distt- Gumla,
Jharkhand- 835207
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deo Prakash Singh
For the Opposite Party/s : Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Deo Prakash Singh, learned counsel for
the petitioners and Md. Ataur Rahman, learned Additional
Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
19.04.2026 in connection with Revilganj P.S. Case No. 223 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the
police received an information that petitioners are selling illicit
liquor. Acting upon that information police reached on the spot,
in the meantime, two ladies started to flee away from there upon
seeing the police party. After chase, they were apprehended on
Patna High Court CR. MISC. No.36746 of 2026(2) dt.15-06-2026
2/3
the spot. Searching the said place, police recovered 125 liters of
country-made liquor from the conscious possession
of petitioners which was duly seized.
4. Learned counsel for the petitioners submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioners
rather the recovery has been made from the place of occurrence.
It is also submitted that petitioners are women and there is non-
compliance of mandatory provisions of Section 103 of BNSS,
2023 and petitioners are in custody since 19.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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
2nd Exclusive Special Excise Judge, Saran at Chapra in
connection with Revilganj P.S. Case No. 223 of 2026, subject to
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
Patna High Court CR. MISC. No.36746 of 2026(2) dt.15-06-2026
3/3
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 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)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.