Patna High Court
Rangila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
Rangila Devi was arrested on 4 May 2026 in connection with an excise case involving the seizure of 32.400 litres of illicit foreign liquor, alleged to be in her conscious possession under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She pleaded innocence, contending that the seizure list was prepared solely by police officers, thereby violating Sections 103 and 105 of the BNSS, and that she had been falsely implicated. The prosecution argued that the liquor was recovered from her possession and highlighted a prior criminal antecedent of a similar nature. The court examined the facts, the alleged procedural lapses, and the petitioner’s antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of her criminal record. The bail order also stipulated cancellation of the bond if the petitioner missed two consecutive court dates without sufficient reason or concealed her antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged recovery of illicit liquor from her possession.
- Whether the seizure list prepared by police officers violates Sections 103 and 105 of the BNSS, affecting the bail application.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- section 30
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40079 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Rangila Devi Wife of Late Ram Bilas Sahni Resident of Village- Shiwara,
P.S.- Patori, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard, Mr. Nalin Kumar learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor 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 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 32.400 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent 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 altogether 32.400 liters of illicit liquor
has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.40079 of 2026(2) dt.29-06-2026
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petitioner as well as other accused persons. It appears from the
seizure list that the seizure list witnesses are police personnel, so
there is non-compliance of Section 103 and 105 of BNSS. The
petitioner is in custody since 04.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it appears from the FIR that the recovery has been
made from the possession of the petitioner. The petitioner
carries one criminal antecedent other than the present one of
similar nature but fairly submits on the basis of paragraph-3 of
the bail application that the petitioner is on bail in the said
matter.
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 3 rd
Exclusive Special Excise Court, Saran (Chapra) in connection
with Sonepur Excise P.S. Case No. 29 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
Patna High Court CR. MISC. No.40079 of 2026(2) dt.29-06-2026
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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
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)
Vanisha/-
U T
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