Suganti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28223 of 2026 Arising Out of PS. Case No.-476 Year-2025 Thana- MASHRAK District- Saran ====================================================== Suganti Devi, Wife of Ashok Raut, Resident of Village- Sonauli Takiyapar, P.S.- Mashrakh, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short is that altogether 11 liters of country made liquor was recovered from the bushes near the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has been falsely implicated in this case. Nothing has been recovered from her possession. The recovery was made from an open place. She has no concern with the alleged recovery. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S.

Patna High Court CR. MISC. No.28223 of 2026(2) dt.04-05-2026 2/2 while making the seizure. Petitioner is languishing in judicial custody since 28.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of four cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mashrakh P.S. Case No. 476 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra with the condition that petitioner shall not indulge himself in similar nature of offences in future. (Ashok Kumar Pandey, J) lata/- U T