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Patna High Court

Chandbati DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing her to furnish a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chandbati Devi, wife of accused Dasai Rai, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 113.250 litres of foreign liquor from her husband's house. She contended that she had no involvement in the offence, that the police failed to comply with Section 105 of the B.N.S.S. during the seizure, and that she had no criminal antecedents. The State opposed the bail, arguing that the offence was punishable under the Act. The Court noted that the husband had already been granted bail in a related matter and that the petitioner had been in custody since 22 March 2026. Considering the lack of direct participation and procedural lapses, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act for the seized liquor.
  • Whether bail should be granted to the petitioner given the facts and procedural issues.
  • Whether the police complied with Section 105 of the B.N.S.S. during the seizure.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • Section 30(a)
  • police procedure
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28904 of 2026
                        Arising Out of PS. Case No.-284 Year-2019 Thana- NADI P.S. District- Patna
                 ======================================================
                 Chandbati Devi, Wife of Dasai Rai R/o Village - Jethuli, P.S. - Nadi, Distt. -
                 Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Nadi P.S. Case No. 284 of 2019 registered for the offence

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution is that altogether

                   113.250 liters of Indian made foreign liquor was recovered from

                   the house of Dasai Rai.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. Petitioner is the wife of accused Dasai

                   Rai and she has been falsely implicated in this case. She has no

                   concern in any way with the alleged recovery. It has further
             Patna High Court CR. MISC. No.28904 of 2026(2) dt.19-06-2026
                                                         2/2




                       been submitted that witnesses of the seizure list are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       while making the seizure. A statement has been made in para 3

                       of the petition that petitioner has no criminal antecedent. It has

                       further been submitted that accused Dasai Rai, the husband of

                       the petitioner has already been granted bail by this Court vide

                       Cr. Misc. No. 80437 of 2024. Moreover, she is languishing in

                       judicial custody since 22.03.2026.

                                    5. The application for bail is opposed by learned APP

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Exclusive Special Court of Excise, Patna City, Patna in

                       connection with Nadi P.S. Case No. 284 of 2019.


                                                           (Ashok Kumar Pandey, J)

lata/-
U        T


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