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Patna High Court

Mamta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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