Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- HARISH KUMAR
Holding
The court held that the material on record does not attract Section 76(2) of the Bihar Prohibition and Excise Amendment Act and therefore granted bail to the petitioner.
Summary
Sunita Devi, a resident of Nandanpur, sought bail after the police recovered 13 litres of illicit liquor near her house in a raid linked to a case under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that she had no constructive possession of the liquor and that the recovery was made from a hut not belonging to her, despite a prior similar conviction. The State contended that the proximity of the recovery to her residence and her past antecedent justified denial of bail. The court examined whether the facts attracted the stringent provisions of Section 76(2) of the Bihar Prohibition and Excise Amendment Act and found no material to invoke those rigors. Consequently, the court granted bail on condition of a Rs.10,000 bond with two sureties, one of whom must be a close family member, and subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the facts attract the provisions of Section 76(2) of the Bihar Prohibition and Excise Amendment Act.
- Whether the recovery of illicit liquor establishes constructive possession by the petitioner.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Bihar Prohibition and Excise (Amendment) Act — s. 76(2)
Subjects
- bail
- prohibition law
- illicit liquor
- constructive possession
- criminal antecedent
- Section 30
- Section 76
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40440 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- TARAIYA District- Saran
======================================================
Sunita Devi Wife of Late Krishna Nut Resident of Village- Nandanpur, P.S.-
Taraiya, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-07-2026 Heard learned Advocate for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Taraiya P.S. Case No. 133 of 2026, registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Acting on a tip off regarding trade and sale of illicit
wine, the police conducted raid and recovered 13 liters of illicit
country made liquor nearby the house of the petitioner.
4. Learned Advocate for the petitioner submitted that
only because of one past criminal antecedent of identical nature
when the recovery has been made nearby the house of the
petitioner, her name has been implicated in the case without
there being any cogent material suggesting her complicity
Admittedly, no recovery has been made from the conscious and
Patna High Court CR. MISC. No.40440 of 2026(2) dt.01-07-2026
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constructive possession of the petitioner and as such the rigors
provided under Section 76(2) of the Bihar Prohibition and
Excise Amendment Act is not applicable. The petitioner is a
woman and has no concern with the crime in question and she
undertakes that she will fully cooperate in the proceeding of the
Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submits that the
FIR clearly suggests the entire recovery has been made from a
Palani situated nearby the house of the petitioner who is also
carrying one criminal antecedent.
6. Regard being had to the submissions made on
behalf of the parties and considering the fact that the alleged
recovery has been made from a hut which does not belong to the
petitioner and there is no other material which attracts the rigors
under Section 76(2) of the Bihar Prohibition and Excise
Amendment Act, let the petitioner above named be released on
bail, in the event of her arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned 3 rd Excise
Patna High Court CR. MISC. No.40440 of 2026(2) dt.01-07-2026
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Exclusive Judge, Saran in connection with Taraiya P.S. Case No.
133 of 2026, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
sumit/-
U T
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