Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16881 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- Excise P.S. District- Saran ====================================================== 1.

Pramila Devi W/o- Anand Sahni R/O vill- Indwara Ps- Chaklal Sen DisttSamastipur 2.

Indrasan Devi @ Indarshan Devi D/o- Late Ram Narayan Sahni R/o VillRaja Ghat PS-Alamganj Chowki Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Harshvardhan, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard Mr. Shekhar Harshvardhan, learned counsel for the petitioners and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who are in custody since 21.01.2026 in connection with Sadar Excise Saran P.S. Case No. 16 of 2026, F.I.R. dated 21.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of18.540 liters of illicit foreign liquor.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Infact nothing has been recovered

Patna High Court CR. MISC. No.16881 of 2026(2) dt.17-03-2026 2/3 from the conscious possession of the petitioners but the police had prepared seizure list and shown that the reovery has been made from the possession of the petitioner and the seizure list witnesses are the police personnel. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioners are in custody since 21.01.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, the petitioners have clean antecedent and there is noncompliance of Section 103 and 105 of BNSS, let the petitioners, 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 Exclusive Special Excise Court No.03, Saran at Chapra in connection with Sadar Excise Saran P.S. Case No. 16 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.16881 of 2026(2) dt.17-03-2026 3/3 ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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.

(Rajesh Kumar Verma, J) Suruchi/- U T