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Patna High Court

Sushma devi @ Nahiyari Kumari @ Nahiyari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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