Patna High Court
Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Kanchan Devi, a widow and sole breadwinner, was arrested in connection with a case alleging possession of five liters of country-made liquor, violating Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022. She contended that she was falsely implicated due to local village politics and had a clean antecedent. The State opposed her bail, relying on the FIR and a report by an informant. The court noted the lack of an independent witness to the seizure, her clean record, and the political victimisation claim, and therefore granted regular bail on the condition of a Rs.10,000 bond with two sureties. The petition for bail was disposed in her favour.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the case.
- Whether the absence of an independent witness to the seizure and the petitioner's clean antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
Subjects
- bail
- prohibition law
- excise
- country-made liquor
- political victimisation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39013 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Kanchan Devi, aged about 35 years, Female, Wife of Late Anand Bind,
Resident of Village- Kare Jognipar, P.S.- Sheikhpura, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Raj, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sheikhpura P.S. Case No. 97 of 2026 instituted for the offences
punishable under Sections 30(a) and 30(c) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per allegation in the FIR, total five liters of
country made liquor has been recovered in front of the hut of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case due to local village politics.
He submits that the petitioner is a widow lady and she is only
the bread earner of her family. He further submits that there is
no any connection with the recovered liquor. Petitioner has got
Patna High Court CR. MISC. No.39013 of 2026(2) dt.17-06-2026
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clean antecedent as stated in para 3 of the petition is in custody
since 25.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Exclusive Special Excise Judge, Sheikhpura dated
11.05.2026, it appears that on the basis of written report of the
informant namely Sony Kumari, FIR has been registered under
Sections 30(a) and 30(c) of the Bihar Prohibition and Excise
Amendment Act, 2022 against the present petitioner and the
allegation is for recovery of five liters of country made liquor.
Petitioner is a lady having clean antecedent as stated in para 3 of
the bail petition is in custody since 25.04.2026 and there is no
any independent witness of the seizure list, so considering all
these aspects of the case and submission of learned counsel for
the petitioner, I am inclined to grant regular bail to the above
named petitioner, so the prayer for bail of the petitioner is
allowed.
7. Accordingly, let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Judge Excise, Sheikhpura
Patna High Court CR. MISC. No.39013 of 2026(2) dt.17-06-2026
3/3
in connection with Sheikhpura P.S. Case No. 97 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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