Patna High Court
Sonia DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Sonia Devi, an 80‑year‑old woman and mother of the accused, sought anticipatory bail under Section 438 of the Criminal Procedure Code in connection with Excise Case No. 1084 of 2026, alleging offences under sections 30(a) and 62 of the Bihar Prohibition and Excise Act. The prosecution alleged that liquor was recovered from a rooftop raid on her son’s house, and she was implicated merely for being present at the scene. The petitioner argued she has no criminal antecedent and is merely a senior citizen. The State opposed the bail, contending possible interference with the investigation. The Patna High Court, considering her age, lack of prior record, and the nature of the allegations, granted anticipatory bail with a cash bond of Rs 10,000 and two sureties, imposing conditions such as appearance before the trial court, non‑tampering with witnesses or evidence, and refraining from further offences. The order is subject to Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. can be granted to an elderly petitioner with no prior criminal record in an excise case.
- Whether the petitioner is likely to tamper with evidence or influence witnesses.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 62
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- elderly petitioner
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37711 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Sonia Devi W/o Late Lotan Prasad Resident of village - Sarkari Bagicha,
Ward No.-31, Police Station - Saram Nagar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Adv.
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Excise Case No. 1084 of 2026 read with Sasaram Excise
P.S. Case No. 203 of 2026 for the offence registered under
sections 30(a) and 62 of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police on secret
information, raided the house of Fantoosh Sonkar and from the
rooftop, there is recovery/seizure of 53 litre country made
liquor. This led to the FIR.
4. Learned Counsel for the petitioner submits that she
is the mother of Fantoosh Sonkar, 80 years old lady having no
criminal antecedent but stands implicated only because she was
sitting at the door and later, left the place.
Patna High Court CR. MISC. No.37711 of 2026(2) dt.01-07-2026
2/3
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail.
6. Taking into account the submissions aforesaid as
also that she is a lady of 80 years age having no criminal
antecedent, in that background, this Court is inclined to grant
her the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge, Excise Court No. 1, Rohtas at Sasaram in connection
with Excise Case No. 1084 of 2026 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial court itself;
Patna High Court CR. MISC. No.37711 of 2026(2) dt.01-07-2026
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(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
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