Patna High Court
Shrimati Laxmi Devi @ Laxmi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Shrimati Laxmi Devi, was arrested after 61 litres of country-made liquor were recovered from her house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed innocence, arguing that no incriminating material was found in her conscious possession and that the liquor was recovered from a joint family house. The petitioner had been in custody since 22-12-2025, had no prior criminal record, and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the duration of custody, the Court decided to grant bail, requiring a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12331 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Shrimati Laxmi Devi @ Laxmi Devi W/O Late Mahesh Mukhiya Resident of
Village- Ghiwahi Ward No.-13, Police Station- Shivajinagar, District-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shivajinagar P.S. Case No. 123 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 70 liters
of country made liquor was recovered. Out of which, 61 litres of
country made liquor was recovered from the house of the
petitioner. Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12331 of 2026(2) dt.23-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
22.12.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shivajinagar P.S.
Case No. 123 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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