Patna High Court
Babita Devi @ Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioners subject to the conditions specified under Section 480(3) of the BNSS.
Summary
The petitioners, a 70‑year‑old mother and the wife of a co‑accused, were arrested after a police raid recovered 20 litres of illicit country‑made liquor from their house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that they were falsely implicated, that no incriminating material was found in their conscious possession, and that they had been in custody since 14 March 2026. The State opposed bail, but the court noted the petitioners’ gender, the modest quantity of liquor, the lack of direct evidence against them, and the length of their detention. Applying the provisions of Section 480(3) of the BNSS, the court directed that they be released on bail subject to a bond of Rs 10,000 each with two sureties and specific attendance conditions. Consequently, the bail application was granted and the petitioners were ordered to be released on the stipulated terms.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the circumstances, including gender, quantity of liquor recovered, and period of custody, justify bail
- Application of Section 480(3) of the BNSS in imposing bail conditions
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Section 480(3)
- Bihar
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25633 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- PANAPUR District- Saran
======================================================
1. Babita Devi @ Shanti Devi W/o Muni Mahto R/o Vill. - Methoura, P.S -
Panapur, Dist- Saran.
2. Rekha Devi W/o Suraj Mahto R/o Vill. - Methoura, P.S - Panapur, Dist-
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Adv.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners seek bail in
connection with Panapur P.S. Case No. 81 of 2026, registered
for the offences under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per the prosecution case, secret information was
received about Suraj Mahto concealing illicit liquor in his
house. A raid was conducted and the petitioners who are the
mother and wife of the coaccused respectively, were
apprehended and from search of house, recovery of 20 litres of
country made liquor was made.
Patna High Court CR. MISC. No.25633 of 2026(2) dt.17-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and they
have been falsely implicated in this case. Nothing incriminating
was recovered from the conscious possession of the petitioners.
Petitioner no. 1 is an old lady aged about 70 years and petitioner
no. 2 is the wife of coaccused Suraj Mahto and they have been
made accused in this case as the police could not apprehend the
coaccused. Petitioners are having antecedent of one case in
which both of them are on bail. The petitioners are in custody
since 14.03.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioners are ladies and also considering the
quantity of liquor recovered from their house and further
considering their period of custody, the petitioners are directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-2nd, Saran at Chapra/concerned court, in
connection with Panapur P.S. Case No. 81 of 2026, subject to
Patna High Court CR. MISC. No.25633 of 2026(2) dt.17-04-2026
3/3
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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