Allowed¶21

Ruksana Khatoon @ Rukhsana Khatun v. The State of Bihar

Patna HC9 Mar 2026CR. MISC./15009/2026

Case brief

AI extract

What is this about?

Patna High Court, Crl. Misc. No.15009 of 2026 (decided 09-03-2026, Rajesh Kumar Verma, J): bail allowed under S. 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; 8.640 liters illicit liquor recovered; custody since 24.01.2026; S. 103 BNSS, 2023 non-compliance argued by counsel; bail bond Rs. 10,000 with two like sureties; conditions on trial attendance, non-tampering, antecedent verification; bonds not to be delayed for verification.

What did the court decide?

Bail granted: release 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-II, Kishanganj, subject to conditions on trial attendance, non-tampering, and verification of criminal antecedents. ¶21

Ruksana Khatoon @ Rukhsana Khatun Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 24.01.2026 in connection with Special Case No.91 of 2026 arising out of Kishanganj Excise P.S. Case No. 90 of 2026 (offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018), should be released on bail.

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Court's answer

The petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Kishanganj in connection with Special Case No.91 of 2026 arising out of Kishanganj Excise P.S. Case No. 90 of 2026.

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Ratio / Principle

Condition (I): the petitioner shall cooperate in the trial, be properly represented and physically present on each date fixed by the Court; on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

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Key takeaways

Condition (II): if the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶23
Condition (III): the court below shall verify the criminal antecedent of the petitioner and, if at any stage it is found that the petitioner concealed his criminal antecedent, the court below shall take steps for cancellation of the bail bond.ratio¶24

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise (Amendment) Act, 2018, S. 30(a) — recovery of 8.640 liters of illicit liquor, stated to be from the petitioner's bag — petitioner in custody since 24.01.2026 in Special Case No.91 of 2026 arising out of Kishanganj Excise P.S. Case No. 90 of 2026 (FIR dated 24.01.2026) — counsel urged clean antecedent and non-compliance of S. 103 BNSS, 2023; State opposed — bail granted on furnishing bail bond of Rs.10,000/- with two sureties of like amount each before learned Special Judge, Excise-II, Kishanganj — conditions: cooperation and physical presence at trial with cancellation of bond on two consecutive unexplained absences; liberty to prosecution to move for cancellation on tampering with evidence or witnesses; court below to verify criminal antecedents and cancel bond if concealment found — acceptance of bail bonds not to be delayed for purpose of or in the name of verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15009 of 2026

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Arising Out of PS. Case No.-90 Year-2026 Thana- Excise P.S. District- Kishanganj

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======================================================

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Ruksana Khatoon @ Rukhsana Khatun W/o Md. Samim Resident of Hospital Road, Ward no. 7, PS- Forbesganj, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ranjeet Choubey, Advocate For the Opposite Party/s : Ms.Renu Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 09-03-2026

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Heard Mr.Ranjeet Choubey, learned counsel for the

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petitioner and Ms.Renu Kumari, learned A.P.P. for the State.

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The petitioner seeks bail, who is in custody since 24.01.2026 in connection with Special Case No.91 of 2026 arising out of Kishanganj Excise P.S. Case No. 90 of 2026, F.I.R. dated 24.01.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

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Recovery is of 8.640 liters of illicit liquor.

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Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that altogether 8.640 liters of illicit liquor was recovered from the Bag of the petitioner and there is non-compliance of Section 103 of BNSS, 2023 and the

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Patna High Court CR. MISC. No.15009 of 2026(2) dt.09-03-2026 2/3

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petitioner is in custody since 24.01.2026.

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

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Considering the aforesaid fact, 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-II, Kishanganj in connection with Special Case No.91 of 2026 arising out of Kishanganj Excise P.S. Case No. 90 of 2026, with the following conditions:-

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(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.

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(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.

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(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

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Patna High Court CR. MISC. No.15009 of 2026(2) dt.09-03-2026 3/3

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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.

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(Rajesh Kumar Verma, J)

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Nitesh/- U T

Ruksana Khatoon @ Rukhsana Khatun v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ruksana Khatoon @ Rukhsana Khatun v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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