Patna High Court
Sushma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is not shown to be in conscious possession of the illicit liquor and therefore granted bail.
Summary
The petitioner, Sushma Devi, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 40 litres of liquor recovered. She contended that she was implicated only because her scooter, registered in her name, was lent by her husband to a neighbour, and she had no knowledge of the offence. The State opposed her bail application. The court observed that the recovery of liquor did not prima facie show the petitioner’s conscious physical possession of the contraband. Consequently, the court ordered her release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 Cr.P.C. despite being named in the FIR for illicit liquor offences
- Whether the recovery of illicit liquor establishes conscious possession by the petitioner
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Criminal Procedure Code
- Bihar Prohibition and Excise Act
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38778 of 2026
Arising Out of PS. Case No.-1243 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Sushma Devi W/O Bhola Manjhi R/O Village- Musahari, Jagdeo Path, P.O-
B.V. College, PS- Sheikhpura, District- Patna, Bihar-800014
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arghesh Kumar
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending her arrest in connection with Phulwarisharif P.S.
Case No. 1243 of 2025 registered for the offences punishable
under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 40 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that only for the technical reason as
petitioner is the registered owner of the scooty, she was
implicated with the present case, as her scooty was provided by
her husband to one of the neighbour for personal use. It is
submitted that this act was not in the knowledge of petitioner,
Patna High Court CR. MISC. No.38778 of 2026(2) dt.18-06-2026
2/2
who is a lady of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Spl. Judge, Bihar Prohibition and Excise 1 st,
Patna/concerned trial court where the case is pending in
connection with Phulwarisharif P.S. Case No. 1243 of 2025
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.