Patna High Court
Chandni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed subject to the stipulated conditions.
Summary
The petitioner, Chandni Devi, was arrested on 31 May 2026 after police recovered 51.75 litres of illicit liquor from her residence in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court considered the facts, the period of custody, and the petitioner’s undertaking, and allowed the bail application. She was ordered to be released on a bail bond of Rs. 10,000 with two sureties of the same amount, and to deposit Rs. 25,000 with Ramakrishna Math, producing a receipt. The Court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 involving illicit liquor.
- Whether the petitioner’s undertaking to donate Rs. 25,000 to a charitable organization is a valid condition for bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39635 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- Excise Dhamdaha District- Purnia
======================================================
Chandni Devi Wife of Pankaj Kumar Chaudhary @ Pankaj Choudhary
Resident of Village- Bhawanipur, Ward No. 09, P.S.- Bhawanipur, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed seeking
regular bail in connection with Excise Dhamdaha P.S. Case No.
72 of 2026, registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, there is recovery of
51.750 litres of illicit liquor from the house of the petitioner,
who is in custody since 31.05.2026 .
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
Patna High Court CR. MISC. No.39635 of 2026(2) dt.22-06-2026
2/2
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise Dhamdaha
P.S. Case No. 72 of 2026, subject to the following conditions:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand
Only) with Ramakrishna Math,
Bhatta Bazar, Purnea, Bihar
854301 and shall produce a valid
receipt thereof before the court
below. The bail bonds shall be
accepted only after verification of
the genuineness of the said receipt.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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