Patna High Court
Chandbati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
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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