Patna High Court
Mira Devi @ Milan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Mira Devi, was arrested in connection with the recovery of six litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed innocence, stating she had no involvement in the alleged recovery, and highlighted that she had only one prior criminal antecedent and had been in custody since 20 February 2026. The State opposed her regular bail application. The Patna High Court, after considering the facts, the period of custody, and the petitioner’s antecedents, allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the condition that the petitioner attend the Sarairanjan Police Station on the first and third Sunday of each month, failing which the bond would be cancelled. The court clarified that its observations were prima facie and limited to the bail application, not influencing the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, period of custody, and prior criminal antecedent.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- regular bail
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26140 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Mira Devi @ Milan Devi W/o- Late Vijay Sahni R/v- Khalispur Ps-
Sarairanjan Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Sonpur Excise P.S. Case No. 15 of 2026, registered under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 6 litres of illicit liquor from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner has no concern with the alleged recovery. The
petitioner has one criminal antecedent and he is in custody since
20.02.2026.
5. Learned A.P.P. for the State has opposed the prayer
for bail.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.26140 of 2026(2) dt.21-04-2026
2/2
and also period of custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court concerned where the case is
pending/successor court in connection with Sonpur Excise P.S.
Case No. 15 of 2026, subject to the condition that:
(i) The petitioner shall
mark her attendance at
Sarairanjan Police Station on
the first and third Sunday of
each month. In the event of
default, the bail bonds shall be
liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…