Patna High Court
Ruby DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Ruby Devi was arrested after 50 litres of liquor were recovered from her joint house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no incriminating material in her conscious possession, was arrested merely on suspicion, had no prior criminal record, and that the police failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, the duration of custody, and procedural lapses, the Court inclined to grant bail. The Court ordered her release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the recovery was from a joint house and no material was found in her conscious possession.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- Whether mere suspicion is sufficient grounds for continued detention.
Legislation cited
Subjects
- bail
- excise law
- possession of liquor
- Section 30(a)
- Section 103
- criminal procedure
- suspicion
- joint house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91338 of 2025
Arising Out of PS. Case No.-754 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
Ruby Devi W/o- Jitendra Chaudhary Village- Tetarhat, W.No-9, PS- Tetarhat,
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 754c2 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 50 liters
liquor was recovered from the house of the petitioner and she
was arrested on spot.
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
Patna High Court CR. MISC. No.91338 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the alleged recovery has been made from the joint house of
the petitioner where other family members also reside. The
petitioner is in custody since 17.11.2025 and has 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
754c2 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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