Bharti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30867 of 2026 Arising Out of PS. Case No.-99 Year-2026 Thana- BAISI District- Purnia ====================================================== 1.

Bharti Devi W/o Shakti Banjara @ Shakti Kumar Banjara R/o vill - Jurabganj, ward no. 1, P.S.- Kodha, Distt.- Katihar 2.

Piyush Kumar S/o Shakti Banjara @ Shakti Kumar Banjara R/o vill - Jurabganj, ward no. 1, P.S.- Kodha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from an auto, altogether 88.750 liters of illicit liquor was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. They are merely passengers of the said vehicle. They were having no

Patna High Court CR. MISC. No.30867 of 2026(2) dt.07-05-2026 2/2 information regarding the alleged consignment and they have no concern with the alleged recovery. There is no independent witness of the seizure list rather they are police personnel and police has not complied Section 105 of BNSS while preparing the seizure list. Moreover, they are languishing in judicial custody since 13.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Baisi P.S. Case No. 99 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Purnea.

(Ashok Kumar Pandey, J) shubham/- U T