Patna High Court
Parmila Devi @ Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting bail to the petitioners with conditions.
Summary
The petitioners, two women from Samastipur, were arrested on 28 January 2026 for allegedly possessing 12 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, claiming innocence and citing only a single prior criminal antecedent. The learned counsel argued that the women were falsely implicated and that bail should be granted. Justice Sandeep Kumar considered the nature of the offence, the petitioners' gender, and their criminal record, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to monthly police attendance and verification of any other pending cases. The court clarified that the order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioners are entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the nature of the offence and their prior criminal antecedent
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- women accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20049 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
1. Parmila Devi @ Pramila Devi Son of Tejnarayan Sahni R/o Village - Chak
Sikander, P.S. - Tajpur, District - Samstipur.
2. Jaymala Devi W/o Rambrikch Sahni @ Ram Briksh Sahni(wrongly mention
in order sheet as W/o Late Tejnarayan Sahni) R/o Village - Chak Sikander,
P.S. - Tajpur, District - Samstipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sonpur Excise P.S. Case No. 7 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
12 liters of illicit liquor from the petitioners.
4. The petitioners are in custody since 28.01.2026.
5. Learned counsel for the petitioners submits that
the petitioners, being woman, are innocent and they have falsely
been implicated in this case. He further submits that the
petitioners have one criminal antecedent only.
Patna High Court CR. MISC. No.20049 of 2026(2) dt.01-04-2026
2/3
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, 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
the learned concerned Court below in connection with Sonpur
Excise P.S. Case No. 7 of 2026.
8. As a condition of this order, the petitioners after
being released on bail are directed to mark their attendance at
Tajpur Police Station on first Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioners.
9. As a condition of this order, the Court below,
before accepting the bail bonds of the petitioners, is directed to
verify the antecedent of the petitioners. If it is found that the
petitioners are involved in any other case except the present case
and Samastipur Excise P.S. Case No. 57 of 2025 then their bail
bonds shall not be accepted.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
Patna High Court CR. MISC. No.20049 of 2026(2) dt.01-04-2026
3/3
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…