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Patna High Court

Khushboo KumariversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the clean antecedent and circumstances warranted release.

Summary

The petitioner, Khushboo Kumari, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 477 litres of liquor were recovered from her house. The prosecution alleged possession of illicit liquor, while the petitioner claimed innocence, stating no liquor was found in her conscious possession and that the house is jointly occupied by family members. The petitioner has no prior criminal record and has been in custody since 5 December 2025. The State opposed bail, but the court noted the petitioner’s clean antecedent, short period of custody, and lack of compliance with Section 103 of the BNSS, 2023. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the lack of compliance with Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89895 of 2025
                     Arising Out of PS. Case No.-448 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Khushboo Kumari W/O Pappu Kumar Resident Of Village- Bakhri Baraee,
                 ward No. 7, P.s.- Rajapakar, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Rajapakar PS Case No. 448 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 477 liters

                   liquor was recovered from the bathroom of the house of the

                   petitioner.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
           Patna High Court CR. MISC. No.89895 of 2025(3) dt.19-01-2026
                                                       2/2




                     that recovery is made from the joint house of the petitioner,

                     where other family members also reside. The petitioner is in

                     custody since 05.12.2025 and has got no criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Rajapakar PS Case

                     No. 448 of 2025.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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