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Patna High Court

Indu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         3/3




                        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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