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2026 DAILYLAW 18449 (PAT)

Sushma Devi v. The State of Bihar

CR. MISC./38778/2026 · 2026-06-18

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38778 of 2026 Arising Out of PS. Case No.-1243 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Sushma Devi W/O Bhola Manjhi R/O Village- Musahari, Jagdeo Path, P.O- B.V. College, PS- Sheikhpura, District- Patna, Bihar-800014 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arghesh Kumar For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 18-06-2026 Heard the parties. 2. The accused/petitioner is named in the F.I.R. and apprehending her arrest in connection with Phulwarisharif P.S. Case No. 1243 of 2025 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 40 litres of IMFL/country made liquor. 4. Learned counsel appearing on behalf of the petitioner submitted that only for the technical reason as petitioner is the registered owner of the scooty, she was implicated with the present case, as her scooty was provided by her husband to one of the neighbour for personal use. It is submitted that this act was not in the knowledge of petitioner, Patna High Court CR. MISC. No.38778 of 2026(2) dt.18-06-2026 2/2 who is a lady of clean antecedent. 5. Learned APP, opposes the prayer for bail. 6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Bihar Prohibition and Excise 1st, Patna/concerned trial court where the case is pending in connection with Phulwarisharif P.S. Case No. 1243 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T