Patna High Court
Bachchi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a cash deposit, sureties and attendance conditions.
Summary
Bachchi Devi was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 5 litres of illicit liquor. She filed an application for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties of the same amount, and imposing conditions that the petitioner deposit Rs. 25,000 with the Ramakrishna Mission and attend the police station every Sunday. The order clarified that its observations were prima facie and not to affect the trial. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- What conditions, if any, may be imposed while granting bail in such offences
Subjects
- bail
- regular bail
- prohibition law
- illicit liquor
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27629 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- DERNI BAZAR District- Saran
======================================================
Bachchi Devi W/o Late Dinesh Chaudhary R/o Vill- Bajraha, P.S- Derni,
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Derni P.S. Case No. 78 of 2026,
registered for offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 5 liters of illicit liquor
have been recovered from the spot. The petitioner, who is a
woman, is in custody since 03.03.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
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for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on 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 the learned Court concerned where the case is
pending/successor court in connection with Derni P.S. Case No.
78 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Derni Police Station on every
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
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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)
Shishir/-
U T
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