Patna High Court
Beronica BaskiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Beronica Baski, was arrested in connection with the seizure of 70 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for regular bail, claiming a clean antecedent and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. After considering the facts and submissions, the court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions including the donation, monthly police station attendance, and verification of antecedents. The court clarified that its observations are prima facie and do not affect the merits of the trial. The bail was granted with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the condition of a monetary donation to a charitable organization is permissible as a bail condition
- Whether the proposed bail bond and surety amounts are adequate in the circumstances
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22174 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- AMAUR District- Purnia
======================================================
Beronica Baski Wife of Seman Tuddu Resident of Village- Halalpur Santhal
Tola, P.S.- Amour, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Amour P.S. Case No. 116 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 70 liters of illicit liquor
have been recovered. The petitioner is in custody since
09.03.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.22174 of 2026(2) dt.09-04-2026
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for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Amour P.S. Case
No. 116 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Bhatta Bazar, Purnea,
Bihar and shall produce a valid receipt thereof
before the court below. The bail bonds shall be
accepted only after verification of the genuineness
of the said receipt.
(ii). The petitioner shall mark his
attendance at Amour Police Station on every 1st
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
Patna High Court CR. MISC. No.22174 of 2026(2) dt.09-04-2026
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shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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