Patna High Court
Tara DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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
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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
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