Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 15519 (PAT)

Phuljhari Devi v. The State of Bihar

CR. MISC./32756/2026 · 2026-05-13

Rajesh Kumar Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32756 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- EXCISE SONPUR District- Saran ====================================================== 1. Phuljhari Devi Wife of Chandeshwar Sahni Resident of Village- Baigan Chowk Dedaul, P.S.- Sakara, Dist.- Muzaffarpur 2. Rajo Devi Wife of Suresh Sahni Resident of Village- Banhara, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 13-05-2026 Heard Mr.Chandra Mohan Jha, learned counsel for the petitioners and Mr.Ashok Kumar Singh, learned A.P.P. for the State. 2. The petitioners seeks bail, who are in custody since 02.04.2026 in connection with Sonepur Excise P.S. Case No. 25 of 2026, F.I.R. dated 02.04.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Recovery is of 14.400 liters of illicit foreign liquor. 4. Learned counsel appearing for the petitioners submits that it appears from the FIR as well as the seizure list that altogether 14.400 liters of illicit foreign liquor was Patna High Court CR. MISC. No.32756 of 2026(2) dt.13-05-2026 2/3 recovered from possession of the petitioners and it appears from the seizure list that the seizure list that the witnesses are police personnel so there is non-compliance of Sections 103 and 105 of the B.N.S.S., 2023 and petitioners are in custody since 02.04.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioners and submits that the petitioners carry one more case other than the present one of similar nature but he fairly submits that the petitioners are on bail in the said case, as mentioned in para-3 of the bail petition. 6. Considering the aforesaid fact, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd, Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur Excise P.S. Case No. 25 of 2026,with 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. (II) If the petitioners tamper with the evidence or the Patna High Court CR. MISC. No.32756 of 2026(2) dt.13-05-2026 3/3 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. Nitesh/- (Rajesh Kumar Verma, J) U T