Patna High Court
Krishna DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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,
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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
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