Nilam DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38095 of 2026
                    Arising Out of PS. Case No.-29 Year-2026 Thana- EXCISE SONPUR District- Saran
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                 Nilam Devi W/o Nageshwar Sahni R/o Village- Bochaha, ward no. 2, PS-
                 Bochaha, Distt.- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                    Heard       Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Abhay Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   04.05.2026, in connection with Sonepur Excise P.S. Case No. 29

                   of 2026, F.I.R. dated 03.05.2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                3. Recovery is of 32.400 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that it

                   appears from the F.I.R. as well as seizure list that altogether

                   32.400 litres of illicit foreign liquor was recovered from the

                   possession of co-accused persons and 10.800 litres of illicit
Patna High Court CR. MISC. No.38095 of 2026(2) dt.17-06-2026
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          foreign liquor was recovered from the possession of the

          petitioner. It appears from the seizure list that the seizure list

          witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and the petitioner is in

          custody since 04.05.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          there is non-compliance of Sections 103 and 105 of the BNSS,

          2023, 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 3rd Exclusive Special Excise Court, Saran (Chapra) in

          connection with Sonepur Excise P.S. Case No. 29 of 2026,

          subject to the following conditions :-

                        (1) 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 her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.
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                                  (2) If the petitioner tampers with the evidence or the

                     witness, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (3) 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 her

                     criminal antecedents, 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)
Ibrar//-

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