Patna High Court
Baniya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties, and monthly police station attendance.
Summary
Baniya Devi was arrested for alleged possession of 10.05 litres of illicit foreign liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for bail, claiming innocence despite having two prior criminal antecedents and having been in custody since 26 February 2026. The State opposed the bail application. The Court examined the facts, the nature of the offence, and the petitioner’s circumstances, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and monthly attendance at the police station. The order also stipulated that failure to appear would lead to cancellation of the bail bonds.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20084 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- NAYAGAON District- Saran
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Baniya Devi W/O Late Nandlal Singh R/O Vill- Shahpur- Patori, Hasanpur
Surat, P.O.- Patori, P.S- Patori, Dist- Samastipur, PIN- 848504.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Adv
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nayagaon P.S. Case No. 65/2026 dated 25.02.2026 for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The recovery is of 10.05 litres of illicit foreign
liquor from the conscious possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 26.02.2026 and
has two criminal antecedents. The petitioner has no concern
with the alleged liquor.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
Patna High Court CR. MISC. No.20084 of 2026(2) dt.01-04-2026
2/2
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on hail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned 2nd Exclusive
Special Excise Judge, Saran at Chapra in connection with
Nayagaon P.S. Case No. 65/2026.
As a condition of this order, the petitioner after being
released on bail is directed to mark his attendance at Patori
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 petitioner.
(Sandeep Kumar, J)
atul/-
U T
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