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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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