Patna High Court

Kavita DeviversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court granted bail to the petitioners subject to specified monetary and attendance conditions.

Summary

Kavita Devi and Sharwan Sah were arrested on 23 March 2026 in connection with the recovery of 248.625 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioners applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioners' willingness to deposit the donation, granted bail on the condition of a Rs. 10,000 bond with two sureties, a collective donation of Rs. 25,000 to Ramakrishna Mission Ashram, and monthly police attendance by petitioner No. 2. The order is limited to the bail application and does not prejudice the trial’s merits.

Issues considered

Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

Subjects

bail
excise
illicit liquor
Bihar Prohibition and Excise Act
criminal procedure
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25040 of 2026
                     Arising Out of PS. Case No.-127 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
           1.     Kavita Devi W/O Raja sah Resident of Mohalla- Laheriyaganj, P.s.- and
                  District- Madhubani
           2.    Sharwan Sah S/O Late Swrap Sah Resident of Mohalla- Laheriyaganj, P.s.-
                 and District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :        Mr.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners seek bail in connection with Sadar

                   Excise P.S. Case No. 127 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2022.

                                 3. The recovery is of 248.625 liters of illicit liquor.

                                 4. Learned counsel for the petitioners submits that

                   the petitioners are innocent and they are in custody since

                   23.03.2026.

                                 5. Learned counsel for the petitioners submits that the

                   petitioners are ready to donate Rs. 25,000/- collectively in some
Patna High Court CR. MISC. No.25040 of 2026(2) dt.20-04-2026
                                            2/3




          charitable organization without accepting their guilt.

                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioners, let

          the petitioners, 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

          concerned Court below in connection with Sadar Excise P.S.

          Case No. 127 of 2026.

                        8. This is also subject to the condition that the

          petitioners shall deposit an amount of Rs. 25,000/- collectively

          in Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioners shall be accepted after verifying the

          genuineness of the receipt produced by the petitioners.

                          9. As a condition of this order, the petitioner no. 02

          after being released on bail is directed to mark his attendance at

          Town Police Station, Madhubani on first Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner no. 02.

                          10. It is, however, clarified that the observations
          Patna High Court CR. MISC. No.25040 of 2026(2) dt.20-04-2026
                                                      3/3




                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioners at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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