Patna High Court
JIVACHI DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Jivachi Devi, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 45 litres of illicit liquor was allegedly recovered from her joint household. The prosecution alleged that the liquor was part of a larger seizure of 210 litres, but no incriminating material was found in the petitioner's conscious possession. The petitioner claimed innocence, arguing that the recovery was from a shared residence and that she had no involvement. The State opposed bail, citing the petitioner’s prior criminal antecedent and the duration of custody since 22‑11‑2025. Considering the lack of direct evidence, the petitioner’s custody period, and the principle of bail, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3300 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Jivachi Devi Wife Of Surendar Mahto @ Surendar Mandal R/O Village
Ghiwahi, P.O. And P.S.- Shivajinagar, District - Samastipur, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhigyan Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Shivajinagar PS Case No. 85 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 210 liters
country made liquor was recovered, out of which 45 liters was
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.3300 of 2026(2) dt.19-01-2026
2/2
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
custody since 22.11.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shivajinagar PS
Case No. 85 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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