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Patna High Court

Pinki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.30,000 and conditions under the B.N.S.S., 2023.

Summary

Pinki Devi, the petitioner, feared arrest in a case alleging possession of 15 litres of illegal desi mahua liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution claimed the liquor was recovered from an open place and that the FIR named her based on secret information and hostile locals. The petitioner asserted she had no possession of the liquor, maintained a clean antecedent, and that the recovery was not from her conscious control. The State opposed her bail application. The High Court, considering the circumstances, granted bail on a bond of Rs.30,000 under Section 2(1)(d) of the B.N.S.S., 2023, subject to conditions under Section 482(2) of the same Act, and directed the trial court to verify her criminal antecedents and cancel bail if concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition law
  • excise
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36416 of 2026
                       Arising Out of PS. Case No.-116 Year-2022 Thana- PANDARAK District- Patna
                 ======================================================
                 Pinki Devi Wife of Kamal Yadav Resident of Village- Bhuapur, P.S.-
                 Pandarak, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Adv.
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-06-2026                  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 Pandarak P.S. Case No. 116 of 2022 lodged on 08.08.2022,

                   for the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2016.

                                4. As per the prosecution, FIR has been lodged against

                   the sole petitioner. Total recovery of 15 litres of illegal desi

                   mahua liquor has been made, which is the subject matter of the

                   present case.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36416 of 2026(2) dt.04-06-2026
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          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 an open place which is accessible to all. Counsel

          further submits that the name of the petitioner has come in this

          case only on the basis of secret information and statement of

          local people who have inimical terms with the petitioner. He

          further submits that the petitioner has clean 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 Excise,

          Barh, Patna, in connection with Pandarak P.S. Case No. 116 of

          2022, 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
             Patna High Court CR. MISC. No.36416 of 2026(2) dt.04-06-2026
                                                         3/3




                       criminal antecedent(s), the Trial Court shall take steps for

                       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


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