Patna High CourtCR. MISC./30568/2026bail granted

Sudha Devi @ Sugiya Devi v. The State Of Bihar

2026-05-05Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30568 of 2026 Arising Out of PS. Case No.-70 Year-2026 Thana- KOPA District- Saran ====================================================== Sudha Devi @ Sugiya Devi W/O Late Rajaram Bin R/O Vill.- Natwar Semariya, P.S.- Revilganj, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2026 Heard Mr.Mrityunjay Kumar Tiwary, learned counsel for the petitioner and Mr.Pradeep Narain Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 18.03.2026 in connection with Kopa P.S. Case No. 70 of 2026, F.I.R. dated 17.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 60 liters of illicit country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case. As per allegation in the FIR altogether 60 litres of country made liquor was recovered from possession of three accused persons and from

Patna High Court CR. MISC. No.30568 of 2026(2) dt.05-05-2026 2/3 possession of the petitioner, 10 liter country made liquor was recovered. Learned counsel for the petitioner further submits that in fact nothing has been recovered from possession of the petitioner rather the police has planted the same and shown that the recovery has been made from possession of the petitioner. Further submits that from a bare perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of B.N.S.S. 2023 and the petitioner is in custody since 18.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, petitioner has clean antecedent, let the petitioner, 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 learned Special Judge, Excise 3rd Saran, Chapra in connection with Kopa P.S. Case No. 70 of 2026, with the following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.30568 of 2026(2) dt.05-05-2026 3/3 (II) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Nitesh/- U T