Patna High Court
Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail should be granted to the petitioner upon furnishing the prescribed bond and sureties.
Summary
Pinki Devi, the wife of Kishan Sardar, was implicated in a case where a motorcycle owned by her was seized with 4.5 litres of illicit liquor, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. She filed an application for regular bail, contending that she was falsely implicated merely as the vehicle owner and was not apprehended at the spot. The State opposed the bail, citing the offences and her prior criminal antecedent. The Court, after considering the submissions and circumstances, ordered that she be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner can be held liable for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act solely on the basis of ownership of the seized vehicle.
- Whether regular bail should be granted to the petitioner given the nature of the offences and her prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illicit liquor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15155 of 2026
Arising Out of PS. Case No.-1102 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Pinki Devi Wife of Kishan Sardar Resident of Village -Matiyari, ward no 6,
PS- Forbesganj District -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kishanganj Excise P.S.
Case No. 1102 of 2023 registered for the offences punishable
under Section 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, during a vehicle
checking one Kishan Sardar was apprehended with a motorcycle
in which 4.500 litres of illicit liquor was recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is a lady and has falsely been implicated in
this case merely on the basis of being a owner of the said seized
vehicle. It has also been submitted that the petitioner was not
Patna High Court CR. MISC. No.15155 of 2026(3) dt.23-04-2026
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apprehended at the spot. Lastly, it has been submitted that the
petitioner has one criminal antecedent and is in custody since
29.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Kishanganj, in connection with
Kishanganj Excise P.S. Case No. 1102 of 2023.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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