Created by Fuzzy Cloud

Patna High Court

JIVACHI DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.