Created by Fuzzy Cloud

Patna High Court

Krishna DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

Krishna Devi was implicated in a case (Nanpur Station Case No. 150 of 2026) for alleged contravention of Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 12 litres of illicit liquor were recovered near her residence. She asserted her innocence, clean antecedent, and offered to donate Rs.10,000 to a charitable organization without admitting guilt. The High Court noted that the liquor was not recovered from her possession and, considering her gender and clean record, allowed her bail application. The Court ordered her release on a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC, Section 482 of the BNSS, verification of her antecedent, and a condition to deposit the charitable amount with a receipt. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner in a prohibition offence where the seized liquor was not found in her possession.
  • Whether the petitioner’s gender, clean antecedent, and willingness to make a charitable donation justify bail under Sections 438(2) CrPC and 482 BNSS.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • clean antecedent
  • gender consideration
  • charitable donation
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38626 of 2026
                      Arising Out of PS. Case No.-150 Year-2026 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Krishna Devi W/O Umesh Sah Resident of Village- Gauri, Police Station-
                 Nanpur, District-Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Shekhar, Advocate
                 For the State            :        Mr.Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Nanpur Station Case No. 150 of 2026 registered for the offence

                   under Sections 30(a) and 37 of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                 3. As per the prosecution case, there is recovery of 12

                   liters of illicit liquor from near the house of the petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner claims clean antecedent

                   also.

                                   5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 10,000/- in some charitable
Patna High Court CR. MISC. No.38626 of 2026(2) dt.17-06-2026
                                            2/3




          organization without accepting her guilt.

                          6. Considering the fact that the recovery is not from

          the possession of the petitioner and also the fact that the

          petitioner is a woman claiming clean antecedent, this

          application is allowed.

                          7. Let the petitioner, above named, in the event of

          her arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.-II, Sitamarhi/ concerned Court below

          in connection with Nanpur P.S. Case No. 150 of 2026, subject to

          the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the BNSS.

                          8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 10,000/- in

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur and produce the receipt of the same before

          the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                          9. As the petitioner claims to have clean antecedent,
           Patna High Court CR. MISC. No.38626 of 2026(2) dt.17-06-2026
                                                       3/3




                     the Court below, before accepting the bail bonds of the

                     petitioner is directed to verify the antecedent of the petitioner. If

                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.