Patna High Court
Mamata Devi @ Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond and conditions, finding no sufficient ground to deny bail.
Summary
Mamata Devi was arrested on 15 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 40 litres of country‑made liquor, a gas cylinder and a gas stove recovered near her house. The petitioner contended that the liquor was not in her conscious possession and that the seizure violated Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, noting a similar pending case, but acknowledged that the petitioner was already on bail in that matter. The Court, after considering the lack of direct possession and the procedural deficiencies, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of seizure and alleged non‑possession.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- BNSS Act
- non‑possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38884 of 2026
Arising Out of PS. Case No.-188 Year-2026 Thana- JALALPUR District- Saran
======================================================
Mamata Devi @ Mamta Devi Wife of Late Dashrath Manjhi @ Late
Dasharath Manjhi Resident of Village- Piyari (Pirari), P.S.- Jalalpur, District-
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Sanjay Kumar Jha, learned counsel for the
petitioner and Mr.Akbar Ali, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
15.05.2026 in connection with Jalalpur P.S. Case No. 188 of
2026, F.I.R. dated 14.05.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 40 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. It appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made near the house
Patna High Court CR. MISC. No.38884 of 2026(2) dt.22-06-2026
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of the petitioner and altogether 40 liters of country made liquor,
Gas Cylinder and Gas Stove were recovered from the place of
occurrence and seizure list witnesses are police personnel and
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 15.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one of similar nature but he
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, 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 learned 2nd Exclusive Special Excise
Judge, Saran at Chapra, in connection with Jalalpur P.S. Case
No. 188 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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