Usha Devi v. The State of Bihar
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 s. 317(5)
- Bihar Prohibition and Excise Amendment Act, 2018 s. 30(a)
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 2(1)(d), 482(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr.Dr.Kamal Deo Sharma, Adv. Mr.Vinod Shanker Modi, APP ORAL ORDER 2 25-03-2026 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.
The petitioner is apprehending arrest in connection with Buxar (T) P.S. Case No.22 of 2026, for the offence punishable under Section 317(5) of the BNS read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act,
As per the prosecution, the total recovery of 239.4 litres of foreign and countery-made liquor have been alleged to be made from three different motorcycles, which is the subject matter of the present case.
Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only due to owner of one of the Patna High Court CR. MISC. No.15868 of 2026(2) dt.25-03-2026 alleged motorcycle. Counsel further submits that criminal antecedent of the petitioner is clean. He further submits that the from petitioner’s motorcycle only 52.92 liters wine alleged to be recovered. He further submits that the petitioner’s motorcycle was used by some other person to do such wrong.
Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.
As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court No.-1, Buxar, in connection with Buxar (T) P.S. Case No.22 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS,
2023. (Dr. Anshuman, J) Prakashmani/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.