Created by Fuzzy Cloud

Patna High Court

Tara DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Petitioner Tara Devi was arrested after a raid recovered 80 bottles of codeine cough syrup from her residence, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She contended that she had no knowledge of the narcotic substance, possessed a clean antecedent, and had been in custody since 8 October 2025. The State opposed bail, arguing the seriousness of the offence. The High Court, considering the prolonged pre‑trial detention and lack of evidence of her knowledge, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, surety relations, and future conduct. The order also stipulated that any breach could lead to cancellation of bail, but the court clarified that its observations would not affect the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the accused had knowledge or control over the seized codeine cough syrup.
  • Whether the duration of pre‑trial custody justifies bail.

Legislation cited

Subjects

  • bail
  • codeine cough syrup
  • narcotic drugs
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • pre‑trial detention
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77932 of 2025
                  Arising Out of PS. Case No.-193 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Tara Devi Wife of Mithilesh Mehta @ Mithlesh Mehta R/o Village-
                 Kumarpur, Ward No. 04, P.S.- Bihariganj, District- Madhepura

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   06-01-2026                        Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Udakishunganj Excise P.S. Case No. 193 of

                   2025 registered for the offence(s) punishable under Section(s)

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, the informant received

                   secret information that the petitioner was selling codeine cough

                   syrup from her house. Pursuant thereto, a raid was conducted,

                   the petitioner was apprehended and upon search, a total of 80

                   bottles of cough syrup, each containing 100 ml, totalling 8 litres

                   of codeine cough syrup were recovered.

                                4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.77932 of 2025(3) dt.06-01-2026
                                            2/3




          the petitioner is a lady and has committed no offence. It is

          further submitted that no recovery has been made from the

          conscious possession of the petitioner and that she had no

          knowledge of any such narcotic substance being kept in her

          house. The learned counsel lastly submits that the petitioner has

          clean antecedent and she is in custody since 08.10.2025.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Regard being had to the facts and circumstances of

          the case and taking note of the fact that the petitioner has

          remained in custody since 08.10.2025, 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 court below where the

          case is pending/successor court in connection Udakishunganj

          Excise P.S. Case No. 193 of 2025, subject to the following

          conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be the local resident.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates or in
               Patna High Court CR. MISC. No.77932 of 2025(3) dt.06-01-2026
                                                           3/3




                         violation of the terms of the bail, the bail bond of the petitioner

                         will be liable to be cancelled by the court concerned.

                                      (iv) If the petitioner is found involved in similar

                         nature of offence in future, the prosecution shall be at liberty to

                         move for cancellation of his bail bond.

                                      (v) The learned Court below shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed his 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.

                                      7. Accordingly, the prayer for bail is allowed.

                                      8. It is made clear that the observation, if any, made in

                         this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.