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Patna High Court

Shanichiri Devi @ Shanichari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on bond with conditions.

Summary

Shanichiri Devi was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly selling illicit liquor. The prosecution alleged that a large quantity of Nepali liquor was recovered from a location where three women, including the petitioner, were said to be operating, but no liquor was found in the petitioner's possession. The petitioner’s counsel argued that she had no ownership or knowledge of the seized liquor, highlighted her clean antecedent, and pointed out non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The State opposed bail. Considering the petitioner’s gender, clean record, short period of custody, and lack of direct evidence, the court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. Act.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the absence of incriminating material in her possession.
  • Whether the non‑compliance with Sections 103 and 105 of the B.N.S.S., 2023 affects the grant of bail.
  • Whether the petitioner’s clean antecedent and gender warrant bail under Section 480(3) of the B.N.S.S., 2023.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • clean antecedent
  • female accused
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43016 of 2026
                  Arising Out of PS. Case No.-144 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Shanichiri Devi @ Shanichari Devi W/o Satendra Mukhiya @ Satyanarayan
                 Mukhiya, Resident of Village -Jaitpur P.S.- Pupri, District - East Champaran.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :     Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Kundwachainpur P.S. Case No. 144 of 2026

                   dated 04.05.2026, registered for the offence punishable under

                   Section 30(a) of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022.

                                   3. As per the prosecution case, secret information

                   was received about three ladies selling illicit liquor in bushes at

                   some unidentified place. The co-accused persons were

                   apprehended and on search of the place of recovery, 137.400

                   litres of country made Nepali liquor was made.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and she has falsely
Patna High Court CR. MISC. No.43016 of 2026(2) dt.01-07-2026
                                            2/3




          been implicated in the present case. Nothing incriminating has

          been recovered from conscious possession of the petitioner.

          There is non-compliance of Sections 103 and 105 of the

          B.N.S.S., 2023. The petitioner has no concern with the seized

          liquor as the petitioner is neither owner of the place from where

          recovery was made nor she has any knowledge about the

          recovery. Learned counsel next submits that petitioner is having

          clean antecedent and chargesheet has been submitted. Learned

          counsel lastly submits that petitioner is in custody since

          05.05.2026.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that petitioner is a lady, her clean antecedent, her period of

          custody and the nature of recovery, the petitioner, above-named,

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No. 3, East Champaran at Motihari /

          concerned Court, in connection with Kundwachainpur P.S.

          Case No. 144 of 2026, subject to the condition laid down under
          Patna High Court CR. MISC. No.43016 of 2026(2) dt.01-07-2026
                                                      3/3




                    Section 480(3) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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