KIRAN DEVIversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39058 of 2026
                 Arising Out of PS. Case No.-114 Year-2026 Thana- EXCISE BENIPUR District- Darbhanga
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                 Kiran Devi, aged about 50 years, Female, Wife of Late Dinesh Mahto,
                 Resident of Village- Balour, Ward No. 6, P.S.- Manigachhi, District-
                 Darbhanga, Bihar.
                                                                        ... ... Petitioner/s
                                                Versus
                 The state of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, 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

                   Benipur Excise P.S. Case No. 114 of 2026 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                3. As per allegation in the FIR, total 2. liters 100 ml of

                   Nepali country made liquor has been recovered from the

                   conscious possession 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. He submits that nothing has

                   been recovered from the conscious possession of the petitioner.

                   He further submits that the petitioner is a widow who works as a
Patna High Court CR. MISC. No.39058 of 2026(2) dt.17-06-2026
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          domestic helper (dai) in different households to earn her

          livelihood. He next submits that the petitioner has no concerned

          with the recovered illicit liquor. He lastly submits that petitioner

          is a lady and she is in custody since 02.05.2026.

                       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 Special Judge-1st (Excise Act), Darbhanga dated

          16.05.2026, it appears that on the basis of written report of the

          informant, FIR has been registered under Section 30(a) of the

          Bihar Prohibition and Excise (Amendment) Act, 2018 against

          the above named petitioner and the allegation is that total 2.

          liters 100 ml of Nepali country made liquor has been recovered

          from the conscious possession of the petitioner. Petitioner is a

          lady and she is in custody since 02.05.2026 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 regular 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/-
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                      (Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge Excise-1, Darbhanga

                      in connection with Benipur Excise P.S. Case No. 114 of 2026.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T