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Patna High Court

Sushma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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