Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Indu Devi, the wife of co‑accused Arun Kumar, was arrested on 20 March 2026 in connection with the seizure of 380.470 litres of country‑made liquor and charged under Sections 30(a), 30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor, was falsely implicated merely because of her marital relationship, and possessed a clean antecedent. The prosecution opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether the petitioner, Indu Devi, is entitled to bail despite being charged under multiple sections of the Bihar Prohibition and Excise Act.
- Whether the alleged lack of conscious possession and clean antecedent justify bail.
- Whether procedural lapses (non‑compliance with Sections 103 and 105 of the BNSS) affect the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- prohibition
- false implication
- joint house
- criminal antecedent
- Bihar Prohibition and Excise Act
- BNSS
- sections 30, 33, 34, 36, 41, 62
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26305 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Indu Devi Wife of Arun Kumar Resident of Village - Gangati, Ward No. 12,
P.S.- Dawath, District - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Mr. Nand Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.03.2026 in connection with Bikramganj P.S. Case No.
79/2026 arising out of Excise Case No. 816/2026, F.I.R. dated
19.03.2026 for the offences punishable under Section 30(a),
30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise
Act.
3. Recovery is of 380.470 liters of country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26305 of 2026(2) dt.20-04-2026
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from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner. The
petitioner is made accused merely on the ground that she is wife
of the co-accused, Arun Kumar and recovery has been made
from the joint house of the petitioner where other family
members of the petitioner also reside. The seizure list witnesses
are police personnel and there is non-compliance of Sections
103 and 105 of the BNSS. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 20.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise Court No. 1, Rohtas at Sasaram in
connection with Bikramganj P.S. Case No. 79/2026 arising out
of Excise Case No. 816/2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.26305 of 2026(2) dt.20-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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