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Patna High Court

Kanchan DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      in connection with Sheikhpura P.S. Case No. 97 of 2026.


                                                               (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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