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Patna High Court

Chandani Devi @ Pranti Devi @ Kranti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as she has made out a prima facie case and the joint‑family circumstances warrant release.

Summary

The petitioner, a woman named Chandani Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing six litres of illicit liquor recovered from her house. She applied for pre‑arrest bail, arguing that she is innocent and that other members of her joint family may have concealed the liquor without her knowledge. The State opposed the bail. The High Court, after considering the FIR, the joint‑family context, and the State's failure to implement its liquor policy, found that the petitioner had made out a prima facie case for bail. The Court directed that she be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The District Court was also instructed to verify her criminal antecedents, and the bail order would lapse if she is found involved in other cases.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of a joint family and possible concealment by other members justify granting bail.
  • Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code apply to the bail order.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • joint family
  • Section 482(2) CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30355 of 2026
                   Arising Out of PS. Case No.-50 Year-2026 Thana- Kumarbagh District- West Champaran
                 ======================================================
                 Chandani Devi @ Pranti Devi @ Kranti Devi W/o- Dilip Mahto @ Dilip
                 Kumar R/Vill-Lohiariya Dhangad Toli, Ps- Kumarbagh Dist- West
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Gupta, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-05-2026                      Heard Mr. Ashok Kumar Gupta, learned counsel

                   appearing on behalf of the petitioner and Mr. Bishweshwar

                   Ram, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kumarbagh P.S. Case No. 50/2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 6 litres of

                   illicit liquor was recovered from the house of the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner, who is a lady,                         is

                   innocent and has been falsely implicated in the present case. It is

                   further submitted that the petitioner resides in a joint family, and
Patna High Court CR. MISC. No.30355 of 2026(2) dt.13-05-2026
                                            2/3




          it is possible that some other family members may have

          concealed the liquor in the house without the petitioner’s

          knowledge. On these grounds, petitioner seeks to be released on

          pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that the petitioner resides in a joint

          family, and some other family members may have concealed

          the liquor in the house and also the fact that the State has failed

          to implement its liquor policy in its true spirit, I am of the

          opinion that petitioner has, prima facie, made out a case to be

          released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of her arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Kumarbagh P.S. Case No. 50/2026,

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.30355 of 2026(2) dt.13-05-2026
                                                       3/3




                     the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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