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Patna High Court

Babita Devi @ Shanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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