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Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Sunaina Devi, was arrested in connection with the recovery of 25 litres of country‑made Chulai liquor from her residence, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the liquor was not in her conscious possession and that she had no involvement in the alleged contravention. The State opposed her bail application, while her counsel highlighted her gender and the short period of custody since 22‑01‑2026. The Court considered these factors and the lack of direct possession, and ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail order was directed to be complied with by the District & Additional Sessions Judge‑cumm‑Exclusive Special Excise Court‑II, Katihar.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, considering the nature of the offence, period of custody, and alleged lack of conscious possession.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • possession
  • gender
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9498 of 2026
                      Arising Out of PS. Case No.-152 Year-2025 Thana- KURSAILA District- Katihar
                 ======================================================
                 Sunaina Devi S/o- Late Yugendra Mahto @ Yogendra Mahato Resident of
                 Village- Patthar Tola, P.S. - Kursela, District-Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per F.I.R., total 25 liters of country-made Chulai

                   liquor was recovered from the house of this petitioner.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from conscious possession of this

                   petitioner and has got no concern with the alleged recovery.

                   Petitioner is lady and is in custody since 22.01.2026.

                   Chargesheet has been submitted.

                                5. Learned A.P.P. for the State opposed the bail

                   petition.
           Patna High Court CR. MISC. No.9498 of 2026(2) dt.18-02-2026
                                                       2/2




                                  6. Considering the period of custody and the fact that

                     petitioner is lady, let the above named petitioner 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

                     learned District & Addl. Sessions Judge-cum-Exclusive Special

                     Excise Court– II, Katihar in connection with Kursela P.S. Case

                     No. 152 of 2025.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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