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Patna High Court

Gangiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Gangiya Devi, the petitioner, applied for bail in a case (G.O. Case No. 400 of 2026) arising from an Excise Sadar P.S. case where 225 litres of Nepali liquor were seized. The prosecution alleged her involvement in the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that she was falsely implicated, no incriminating material was found in her possession, and the liquor was recovered from an open public area (water hyacinth along a railway line). She had been in custody since 8 February 2026, had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of evidence, the procedural lapse, and the petitioner’s clean antecedents, ordered her release on bail with a bond of Rs. 15,000 and two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
  • Whether the petitioner’s period of custody, lack of criminal antecedents, and absence of incriminating material justify bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • Nepali liquor
  • procedural compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16149 of 2026
                      Arising Out of PS. Case No.-67 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Gangiya Devi Wife of Mahesh Mahto Resident of Village- Navtoli, P.S.-
                 Rajnagar, District- Madhubani
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shabina Talat, Advocate
                 For the Opposite Party/s :         Mr.Lakshmi Kant Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with G.O.

                   Case No. 400 of 2026, arising out of Excise Sadar P.S. Case No.

                   67 of 2026, 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 225

                   liters of Nepali liquor was recovered from sacks.

                                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

                   no concern with the alleged recovery of liquor. The alleged

                   recovery has been made from water hyacinth along the railway
           Patna High Court CR. MISC. No.16149 of 2026(2) dt.11-03-2026
                                                       2/2




                     line, which is an open place and accessible for public at large.

                     The petitioner is in custody since 08.02.2026 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 G.O. Case No. 400

                     of 2026, arising out of Excise Sadar P.S. Case No. 67 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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