Patna High Court
Sunaina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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