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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to cancellation if a prior offence under the Act is later found.

Summary

The petitioners, five women residents of Begusarai district, were arrested in connection with a case under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 27 litres of liquor. They contended that they were falsely implicated, that no incriminating article was recovered from them, and that they have no prior criminal record. The prosecution sought to keep them in custody, while the petitioners applied for regular bail, undertaking to cooperate with the investigation. The Court, after hearing both sides, noted the lack of antecedents and the fact that the accused had been in custody since 23 February 2026. It ordered that each petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the condition that bail could be cancelled if any prior offence under the Act is later discovered. The order was directed to be complied with by the Exclusive Special Excise Court, No.3, Saran (Chapra).

Issues considered

  • Whether regular bail should be granted to accused persons under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016 who have been in custody without any criminal antecedent.

Legislation cited

Subjects

  • regular bail
  • excise law
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 32
  • false implication
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23891 of 2026
                    Arising Out of PS. Case No.-17 Year-2026 Thana- EXCISE SONPUR District- Saran
                 ======================================================
           1.     Meena Devi W/O Sanjay Sahni Resident of village - Manjhaul,
                  P.S.Manjhaul district-Begusarai
           2.    Ranju Devi wife of Krishnadeo Sahni Resident of village - Manjhaul,
                 P.S.Manjhaul district-Begusarai
           3.    Kranti Devi @ Anju Devi Wife of Yogendra Sahni. R/O Village-Manjhaul,
                 P.S.Manjhaul, district-Begusarai.
           4.    Sulekha Devi Wife of Prakash Singh Resident of village-Babhangatha.
                 P.S.Bihapur, District-Bhagalpur.
           5.     Meera Devi Wife of Late Nandlal Sahni Resident of Village-Baro,
                  P.S.Garhara, District-Begusarai.
                                                                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   16-04-2026                    1. Heard learned counsel for the parties.

                                  2. The petitioners have preferred this application for

                   grant of regular bail in connection with Sonepur Excise P.S.Case

                   no.17 of 2026 registered under sections 30(a) and 32 of the

                   Bihar Prohibition and Excise Act, 2016.

                                   3. As per the prosecution case, 27 litres of liquor

                   was recovered from six accused persons including five

                   petitioners herein.

                                   4. It is submitted by learned counsel for the

                   petitioners that the petitioners have been falsely implicated in

                   the case. No incriminating article has been recovered from their
            Patna High Court CR. MISC. No.23891 of 2026(2) dt.16-04-2026
                                                        2/2




                      possession. They are in custody since 23.2.2026 and have no

                      criminal antecedent. They undertake to cooperate in the

                      investigation/trial.

                                      5. Heard learned A.P.P. for the State.

                                     6. Having heard learned counsel for the parties and

                      taking into consideration the allegations against the petitioners in the

                      F.I.R., the petitioners being in custody since 23.2.2026 and specially

                      their not having any criminal antecedents, the Court directs the

                      petitioners to be enlarged on bail in connection with Sonepur Excise

                      P.S.Case no. 17 of 2026 on each of them furnishing bail bond of

                      Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Exclusive Special

                      Excise Court no.3, Saran (Chapra) on the following conditions:

                                   (i) In case it subsequently transpires that the

                      petitioners     had antecedent under the Bihar Prohibition and

                      Excise Act, 2016 the prosecution will be at liberty to move this

                      Court for cancellation of bail of the petitioner(s).



                                                  (Partha Sarthy, J)
Bibhash/-

U      T


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