Patna High Court
Pinki 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 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
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
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
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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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