Patna High Court
Chandani Devi @ Pranti Devi @ Kranti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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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