Patna High Court
Jamuna RautversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Jamuna Raut sought bail after the police recovered 20 litres of illicit liquor near her residence and registered a case under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged her involvement, while she contended she was not present, had no possession of the liquor, and possessed no criminal antecedents. Her counsel argued that she was falsely implicated and willing to cooperate with the investigation. The State opposed the bail application. The court, after considering the facts, the petitioner's clean record, and the submissions, ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30
- Bihar
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32435 of 2026
Arising Out of PS. Case No.-137 Year-2024 Thana- MASHRAK District- Saran
======================================================
Jamuna Raut S/O Jagdev Raut R/O village - Mashrak South Tola Musahar
Toli, P. S - Mashrak, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case
registered under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 20 liters illicit liquor,
which was hidden in the garbage, was recovered in front of the
petitioner’s house.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
petitioner has no concern with the seized liquor. Petitioner was
not present on the spot and nothing has been recovered from his
conscious possession. Petitioner has got no criminal antecedent
Patna High Court CR. MISC. No.32435 of 2026(2) dt.13-05-2026
2/2
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
fair antecedent of the petitioner, let the above named petitioner
be released on bail, in the event of arrest or surrender before the
Court concerned within a period of six 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 Exclusive Special Excise Judge-II, Saran at Chapra, in
connection with Mashrak P.S. Case No. 137 of 2024, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-koustav
U T
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