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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to a bail bond of Rs.10,000 with two sureties and verification of her clean antecedent.

Summary

Kiran Devi was arrested in connection with the recovery of 4.5 litres of illicit foreign liquor under section 30(a) of the Bihar Prohibition & Excise Act, 2016. She applied for regular bail, asserting innocence and a clean criminal record, having been in custody since 20‑02‑2026. The State opposed the bail. The High Court, after considering the facts and the petitioner's lack of antecedents, allowed the bail application. The court ordered her release on a bail bond of Rs.10,000 with two sureties of the same amount, subject to verification of her clean antecedent by the lower court. The bail bonds are to be accepted only after confirming her clean record.

Issues considered

  • Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition & Excise Act, 2016.
  • Whether the petitioner’s clean antecedent suffices for the grant of bail.

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • regular bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27117 of 2026
                    Arising Out of PS. Case No.-15 Year-2026 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Kiran Devi W/o Krishnadeo Sahni Resident of Village- Chandauli, P.S.-
                 Sarairanjan, Dist.- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar 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   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sonpur Excise P.S. Case No. 15 of 2026 registered for the

                   offence under section 30(a) of the Bihar Prohibition & Excise

                   Act, 2016.

                                3. The recovery is of 4.5 litres of illicit foreign liquor

                   from the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 20.02.2026

                   without any fault.

                                 5. Learned APP appearing for the State opposes the

                   prayer of the petitioner for grant of bail.
              Patna High Court CR. MISC. No.27117 of 2026(2) dt.22-04-2026
                                                          2/2




                                     6. Considering the facts and circumstances of the case

                        as well as the submissions of learned counsel for the petitioner,

                        this application is allowed.

                                     7. Let the petitioner, above named, be released on bail

                        upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                        Thousand Only) with two sureties of the like amount each to the

                        satisfaction of learned Exclusive Special Judge Excise Court-3,

                        District- Saran, Chapra/ concerned Court below, in connection

                        with Sonpur Excise P.S. Case No. 15 of 2026.

                                     8. At the time of accepting the bail bonds of the

                        petitioner, the Court below shall verify the statement of the

                        petitioner that she has clean antecedent. The bail bonds of the

                        petitioner shall only be accepted if it is found that she has clean

                        antecedent.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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