Patna High Court

Manju DeviversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bail bond, sureties and verification of criminal antecedent.

Summary

Manju Devi, the wife of Madan Chaudhari, was implicated in a case (PS Case No‑16 of 2026) for allegedly possessing 39 litres of country‑made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed she had no involvement with the seized liquor, maintained her innocence, and asserted a clean antecedent. The State opposed the grant of pre‑arrest bail. The Patna High Court, after hearing counsel, directed that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to Section 438(2) of the Cr.P.C. and Section 482 of the BNSS. The Court also ordered the District Court to verify her criminal antecedent and to revoke the bail order if any other involvement is discovered.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
Whether the conditions imposed by the Court are sufficient to safeguard the interests of justice

Legislation cited

Bihar Narcotic and Smuggling (BNSS) Act — s. 482
Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Section 30
liquor offence
Section 438 CrPC
Section 482 BNSS
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20336 of 2026
                   Arising Out of PS. Case No.-16 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Manju Devi Wife of Madan Chaudhari R/o Vill. - Mesaudha, P.S. - Kundwa,

                 District - East champaran.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                                          ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate

                 For the Opposite Party/s :       Mr.Rana Randhir Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                                Heard Mr. Manoj Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Rana Randhir

                   Singh, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kundwa Chainpur P.S. Case No. 16 of 2026 registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016, as amended upto date.

                                 3. As per the allegation made in the FIR, 39 litres of

                   country made liquor was recovered from a place near Mesaudha

                   Bazar Pasi Tola.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20336 of 2026(2) dt.08-04-2026
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          petitioner submits that the petitioner is innocent and he has been

          falsely implicated in the case. He has no concern either with the

          seized liquor or trade of liquor in any manner. The place of

          recovery is an open place, which is accessible to anyone.The

          petitioner has clean antecedent. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail.

                       6. Considering the nature of allegation made against

          the petitioner, the petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is

          pending/successor court in connection with Kundwa Chainpur

          P.S. Case No. 16 of 2026, subject to the condition as laid down

          under Section 438(2) of the Cr.P.C./482 of the BNSS.

                       7. The District Court is directed to verify the

          criminal antecedent of the petitioner and if it is found that

          the petitioner is involved in some other cases as what has

          been stated in Para-3 of the bail petition, this order will
           Patna High Court CR. MISC. No.20336 of 2026(2) dt.08-04-2026
                                                       3/3




                     automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T

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