Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, Manju Devi, subject to bond and conditions.
Summary
Manju Devi was arrested in connection with a raid that uncovered 10 litres of illicit country-made liquor in her possession and a further 40 litres recovered from a bag left by co‑accused near a field belonging to Mukhtar Singh. She was charged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner contended that she was falsely implicated, that no incriminating material was found on her, and highlighted her clean antecedent and short period of custody since 18‑05‑2026. The State opposed bail. Considering the nature of the recovery, the petitioner’s clean record and the circumstances of custody, the Court ordered her release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional attendance requirements.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 in view of the facts of the case.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition act
- Section 30(a)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38357 of 2026
Arising Out of PS. Case No.-158 Year-2026 Thana- RASULPUR District- Saran
======================================================
Manju Devi Wife of Late Dharmraj Ram Resident of Village - Rasulpur,
Police Station - Rasulpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mani Shankar Mishra, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with t in connection with Rasulpur P.S. Case No.
158 of 2026 registered for the alleged offence under Sections
30(a) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, petitioner was
apprehended with 10 liters of country made liquor when a raid
was conducted on a tip off by the police that petitioner and other
co-accused persons had been selling illicit liquor. From the bag
left behind by the co-accused persons who fled away from the
spot, further recovery of 40 liters of country made liquor was
made.
04. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.38357 of 2026(2) dt.17-06-2026
2/3
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from person or
possession of the petitioner. In fact, the recovery has been made
from bushes beside a road near the field of one Mukhtar Singh.
The petitioner has nothing to do with the said place from where
the recovery has been shown. The petitioner is having clean
antecedent and is in custody since 18.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the period of custody
of the petitioner and her clean antecedent, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 2, Saran at Chapra/court concerned in
connection with Rasulpur P.S. Case No. 158 of 2026, subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
Patna High Court CR. MISC. No.38357 of 2026(2) dt.17-06-2026
3/3
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.