Patna High Court
Gita Devi @ Shushila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Gita Devi and Kucho Kumar, were arrested in Begusarai after a seizure of 9.9 litres of liquor, 25 litres of spirit and 55 bottles of a medicinal product, and charged under several provisions of the Bihar Prohibition and Excise Act. They contended that no incriminating material was found on them, that they were falsely implicated based on an anonymous tip, and that they had no prior criminal record. The petitioners also argued that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioners’ clean record and the prolonged custody since January 2025, the Court decided to grant bail subject to monetary sureties and standard conditions. The bail order required the petitioners to appear at every trial date, refrain from tampering with evidence or influencing witnesses, and stipulated that violation could lead to cancellation of bail.
Issues considered
- Whether the petitioners are entitled to bail despite the charges under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
- Whether the circumstances of the seizure and the petitioners’ custody warrant continued detention.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- Section 103
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4842 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- BAKHARI District- Begusarai
======================================================
1. Gita Devi @ Shushila Devi Son of Pawan verma R/o Village - Bagwan, P.S.
- Bakhri, Dist. - Begusarai.
2. Kucho Kumar @ Kucho Son of Late Gandhi verma R/o Village - Bagwan,
P.S. - Bakhri, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Bakhri
P.S. Case No. 02 of 2026, instituted for the offences punishable
under Sections 30(a)(c)(d),32,33 and 41 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 9.9 liters
liquor along with 25 litres of spirit, 55 bottles of Mayor’s
Chamiliya Potemisted Medicine were recovered near a hut.
Petitioners were apprehended on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.4842 of 2026(3) dt.13-03-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. The name of
the petitioners surfaced in this case on the basis of discloser
made by unknown spy. Learned counsel for the petitioner
further submitted that the recovery has been made from field,
which is an open place and is accessible to public at large.
The petitioners are in custody since 02.01.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail after
framing of charge, if not already framed on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bakhri P.S. Case No.
02 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
Patna High Court CR. MISC. No.4842 of 2026(3) dt.13-03-2026
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close member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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