Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30314 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Sharmila Devi W/O Bilar Sahni @ Vilat Sahni, R/o Village- Mohammadpur, P.S- Mahnar, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nalin Kumar, Advocate For the State :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chapra Rail P.S. Case No. 45 of 2026, dated 28.02.2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, recovery of 15.120 litres of illicit foreign liquor was made from the possession of the petitioner when she was apprehended due to her suspicious activities.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and she has falsely been implicated in the present case. Nothing incriminating has been recovered from the person or possession of this petitioner. Recovery has been made from the bag kept near the toilet of

Patna High Court CR. MISC. No.30314 of 2026(2) dt.11-05-2026 2/3 bogie in a train as the petitioner was standing near by and she was apprehended merely on suspicion. Petitioner has got one criminal antecedent. Learned counsel lastly submits that petitioner is in custody since 01.03.2026.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is a lady and further considering the quantity of recovery from her and also considering her period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra / concerned Court, in connection with Chapra Rail P.S. Case No. 45 of 2026, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned

Patna High Court CR. MISC. No.30314 of 2026(2) dt.11-05-2026 3/3 trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Ankita / Shahnawaz/- U T