Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Kiran Devi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing four litres of illicit liquor. She had been in custody since 2 March 2026 and claimed she was falsely implicated and that no liquor was found in her conscious possession. The State opposed her regular bail application. The Court, after considering the facts and the small quantity involved, especially noting that the accused is a woman, ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The Court clarified that its order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the small quantity of liquor and the fact that the accused is a woman.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- women
- small quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25921 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- PARSA District- Saran
======================================================
Kiran Devi W/O Mukhtar Singh @ Mokhtar Singh R/O Village- Bathui, P.S-
Parsa, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate
For the State : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Parsa
P.S. Case No. 103 of 2026 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 4 litres of illicit liquor
has been recovered from the petitioner, who is a woman.
4. The petitioner is in custody since 02.03.2026.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.25921 of 2026(2) dt.20-04-2026
2/2
7. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned 3 rd
Exclusive Special Excise Court, Saran at Chapra in connection
with Parsa P.S. Case No. 103 of 2026.
8. The Special Judge, Excise Act is advised to
consider the bail applications of accused from whom such small
quantity is being recovered and that too from a woman.
9. 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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