Patna High Court
Pato DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of Rs.30,000 and conditions under the Bihar Narcotic Substances (Suppression) Act, 2023.
Summary
Pato Devi, a 48‑year‑old woman, was apprehended for alleged possession of 18 litres of illicit liquor recovered from her house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, stating that nothing was found in her conscious possession and that she had no criminal antecedent. The State opposed her bail application. The High Court, after considering the facts, granted bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023, and subject to the conditions of Section 482(2) of the same Act. The trial court was directed to verify any criminal antecedent and cancel the bail if concealment is discovered. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether bail should be granted to the petitioner in a case of alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner poses a risk of fleeing or tampering with evidence
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- excise
- criminal procedure
- joint family
- female petitioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36244 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- KADIRGANJ District- Patna
======================================================
Pato Devi Wife of Late Botle Manjhi Resident of Village-Pakaura Musahari,
P.S. Kadirganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Adv.
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Kadirganj P.S. Case No. 46 of 2026 lodged on 02.03.2026,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 18 litres of illicit liquor has
been made, which is the subject matter of the present case.
Patna High Court CR. MISC. No.36244 of 2026(2) dt.02-06-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from her house and the petitioner is a member of the joint
family. Counsel submits that the petitioner is a female aged
about 48 years and she has no criminal antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioner.
7. In the present facts and circumstances of this case,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of Special Judge-2, Excise
Act, Patna, in connection with Kadirganj P.S. Case No. 46 of
2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
8. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about her
criminal antecedent(s), the Trial Court shall take steps for
Patna High Court CR. MISC. No.36244 of 2026(2) dt.02-06-2026
3/3
cancellation of bail bond of the petitioner. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.