Patna High Court
Lalki Devi @ Motak @ Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioners subject to the conditions specified under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Lalki Devi and Kusum Devi, were arrested on 18 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 25 litres of country-made Mahua liquor. They claimed innocence, stating that no incriminating material was found on them and that they have clean antecedents. The State opposed bail, but the court considered the petitioners' gender, lack of prior record, and the length of their custody. The court granted bail, requiring each petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, and imposed conditions including a close relative as a surety and mandatory court appearances. Non‑compliance with the conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and the petitioners' circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Mahua liquor
- clean antecedent
- gender considerations
- Section 480(3) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30227 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- KOPA District- Saran
======================================================
1. Lalki Devi @ Motak @ Usha Devi W/o Late Munna Prasad R/o Village -
Repura, P.S. - Nagara, Dist. - Saran.
2. Kusum Devi W/o Ramesh Mahto R/o Vill. - Fakuli, P.S. - Muffasil, Dist. -
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Kopa P.S. Case No. 70 of 2026 registered for
the alleged offences under Sections 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, recovery of 25 litres of
country made Mahua liquor was made from each of the
petitioners when they were apprehended on the basis of secret
information.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.30227 of 2026(2) dt.11-05-2026
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this case. Nothing incriminating has been recovered from the
person or possession of the petitioners. The petitioners are ladies
and they are having clean antecedent. The petitioners are in
custody since 18.03.2026.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioners are ladies and further considering the
period of custody of the petitioners and their clean antecedent,
the petitioners above named are directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
learned Special Judge, Excise 3rd, Saran at Chapra/concerned
Court in connection with Kopa P.S. Case No. 70 of 2026,
subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below.
Patna High Court CR. MISC. No.30227 of 2026(2) dt.11-05-2026
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(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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