Patna High Court
Navita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioner is entitled to regular bail.
Summary
Navita Devi was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, alleged to involve illegal possession of liquor. She claimed innocence, asserting that the accusation stemmed from village rivalry and business enmity, and that no contraband was found in her possession. The petitioner, a first‑time offender and vegetable seller, had been in custody since March 3, 2026. The State opposed bail, but the court noted her clean antecedent, young age, lack of independent witnesses, and the absence of any recovery from her. Consequently, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition & Excise Act
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- false implication
- criminal procedure
- first‑time offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32057 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- RUPASPUR District- Patna
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Navita Devi W/o Avinash Kumar R/o vill - Teslal Verma, Patliputra Station
Road, P.S.- Rupaspur, Distt.- Patna, Permanent Address - Vishu Bigaha, P.S.-
Gaurichak, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Rupaspur P.S. Case No. 155/ 2026 registered for the offence(s)
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated due to
village rivalry and business related enmity. It is submitted that
petitioner is a lady having no criminal antecedent and is
engaged in vegetable selling near station road. Learned counsel
further submits that no recovery has been made from the
conscious possession of the petitioner and the alleged recovery
was made from roadside Jhoparpatti, which neither belongs to
Patna High Court CR. MISC. No.32057 of 2026(2) dt.12-05-2026
2/2
the petitioner nor is in exclusive possession of the petitioner and
no independent witness supports the prosecution case. The
petitioner is in custody since 03.03.2026.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition
coupled with the petitioner’s young age and her fair and clean
antecedent, this court is inclined to release the petitioner on bail.
Accordingly, let the petitioner named-above be released on bail
in connection with Rupaspur P.S. Case No. 155/ 2026 on
furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each to the satisfaction of
the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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