Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
Mamta Devi was arrested for allegedly carrying 6.480 litres of foreign liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the seizure was unlawful, that she was falsely implicated, and that she had no criminal record. The State opposed her bail application. The court, noting that the petitioner is a woman, the relatively modest quantity of liquor, and the length of her custody, granted bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a close relative, and compliance with Section 480(3) of the B.N.S.S. and attendance requirements. The order also stipulated cancellation of bail upon repeated non‑appearance. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and alleged procedural irregularities in the seizure.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- gender considerations
- search and seizure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31825 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Mamta Devi W/o- Lakhindra Sahni R/v- Randaha PS- Barawati Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Yadav, Advocate
Mr. Bharna Yadav, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sonepur Excise P.S. Case No. 26 of 2026
registered for the alleged offences under Section 30(a) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, this petitioner was
apprehended carrying 6.480 litres of foreign liquor. Two co-
accused persons who were also apprehended were found
carrying 5.400 litres and 8.640 litres of foreign liquor,
respectively.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from her
Patna High Court CR. MISC. No.31825 of 2026(2) dt.12-05-2026
2/3
person or possession. The search and seizure has not been made
as per law and the witnesses are members of raiding party. The
petitioner is a lady and she is in custody since 06.04.2026. She
bears no criminal antecedent.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner is a lady and further considering the
quantity of liquor recovered and her period of custody, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned 3rd
Exclusive Special Excise Court, Saran at Chapra/concerned
Court in connection with Sonepur Excise P.S. Case No. 26 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 petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
Patna High Court CR. MISC. No.31825 of 2026(2) dt.12-05-2026
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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
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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