Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Anita Devi was arrested in connection with the recovery of 9 litres of illicit liquor, part of a total seizure of 26 litres, under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed innocence and had been in custody since 8 February 2026, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed her bail application. The High Court, after considering the circumstances, granted bail on the condition that she furnish a bail bond of Rs. 10,000 with two sureties of the same amount, deposit Rs. 25,000 with the Ramakrishna Mission, and attend the local police station monthly. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions imposed, including a charitable donation and monthly police attendance, are appropriate for bail
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22773 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Anita Devi W/O Ram Singhasan Sharma @ Ram Sinhasan Sharma R/O
Nunka Chauraha , P.S. Khajekala, Distt. Patna, Also resides at Village-
Alamganj, P.S.- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan, Advocate
For the State : Mr.Sucheta Yadav, APP
======================================================
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 petitioner seeks bail in connection with Sadar
Excise P.S. Case No. 31 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, total recovery is of 26
litres of illicit liquor out of which 9 litres were recovered from
the possession of the petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
08.02.2026.
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5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court-03, Saran at Chapra/concerned Court
below in connection with Sadar Excise P.S. Case No. 31 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala
Road, Patna, Bihar and produce the receipt of the same before
the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
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Alamganj Police Station, District- Patna on the first Sunday of
each month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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