Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Shanti Devi, a driver of a tempo, was arrested on 13 May 2026 in connection with the seizure of 90 litres of Nepali Sofi wine alleged to be illicit liquor. She was charged under Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that she had no knowledge of the liquor, that the seizure was from the vehicle and not from her conscious possession, and that she possessed a clean antecedent, also raising a non‑compliance of Section 103 of the BNSS. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the BNSS and Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the Bharatiya Nyay Sanhita have been complied.
- Whether the petitioner had knowledge or conscious possession of the seized illicit liquor.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 274, 275, 3(5)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- possession
- driver
- criminal antecedent
- Section 103
- BNSS
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38967 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- SAHARGHAT District- Madhubani
======================================================
Shanti Devi W/o Sakindra Mahto R/o Vill-Durgasthan , P.S-Benipatti, Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Ms. Kumari Pallavi, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.05.2026 in connection with Saharghat P.S. Case No. 79 of
2026, F.I.R. dated 12.05.2026 for the offences punishable under
Section 274, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 90 liters of Nepali Sofi wine liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and she has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.38967 of 2026(2) dt.23-06-2026
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the recovery has been made from tempo in question and the
petitioner was the driver of the said tempo and she had no
knowledge about the illicit liquor kept in the tempo. He further
submits that there is non-compliance of Section 103 of BNSS.
The petitioner is in custody since 13.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 Exclusive
Special Judge Excise, Madhubani in connection with Saharghat
P.S. Case No. 79 of 2026, subject to the following conditions:-
i. 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.
ii. If the petitioner 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
Patna High Court CR. MISC. No.38967 of 2026(2) dt.23-06-2026
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, 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)
Suruchi/-
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