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Patna High Court

Parwati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to cancellation if a criminal antecedent is discovered.

Summary

Petitioner Parwati Devi was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 151.2 litres of liquor were seized from a vehicle. She contended that she was falsely implicated, had no involvement with the vehicle or the liquor, and possessed no criminal antecedent. The prosecution opposed her bail application. The Court, after considering the facts, the lack of any alleged involvement by the petitioner, and her clean record, ordered that she be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was conditioned on the possibility of cancellation if a criminal antecedent later emerges.

Issues considered

  • Whether regular bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s lack of involvement with the seized liquor and absence of criminal antecedent justify bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • liquor seizure
  • false implication
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10156 of 2026
                 Arising Out of PS. Case No.-381 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Parwati Devi W/O Mishri Bind @ Subedar Bind Resident at Village -
                 Bajraha, P.S- Kudra, District- Kaimur (Bhabhua)

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kiran Kumari Sharma, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   17-02-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Ramgarh P.S. Case

                   no.381 of 2025 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                     3. As per the prosecution case, on a search being

                   conducted 151.2 litres of liquor was recovered from the

                   car/vehicle in question and the petitioner along with one another

                   were taken into custody.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner who is a lady has been falsely implicated in the case.

                   She has no concern either with the vehicle in question nor with

                   the liquor recovered. The petitioner is in custody since

                   16.12.2025 and has no criminal antecedent. She undertakes to
            Patna High Court CR. MISC. No.10156 of 2026(2) dt.17-02-2026
                                                        2/2




                      cooperate in the investigation/trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the facts and circumstances of the

                      case, the allegations in the FIR, the petitioner not having any

                      concern with the vehicle in question from which the seizure is

                      said to have taken place and specially her not having any

                      criminal antecedent, the Court directs the petitioner to be

                      enlarged on bail in connection with Ramgarh P.S. Case no.381

                      of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge, Excise II, Kaimur at

                      Bhabhua on the following condition:

                                   (i) In case it subsequently transpires that the petitioner

                      has a criminal antecedent, the prosecution will be at liberty to

                      move this Court for cancellation of bail of the petitioner.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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