Patna High Court
Champa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, directing release on bond with sureties subject to Section 482(2) conditions.
Summary
The petitioner, Champa Devi, was arrested in connection with the recovery of 80 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. She claimed a clean antecedent and offered to donate Rs. 25,000 to charity without admitting guilt. The State opposed her bail application. The High Court, after considering the facts, the period of custody, and the submissions, allowed the bail application. The court directed her release on bail upon furnishing a Rs. 10,000 bond with two sureties of the same amount, subject to conditions under Section 482(2) of the Criminal Procedure Code. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code are applicable.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 30(a)
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39642 of 2026
Arising Out of PS. Case No.-150 Year-2026 Thana- EKMA District- Saran
======================================================
Champa Devi Wife of Kishun Mahto Resident of Village- Gangwa, P.S.-
Ekma, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhawi, Adv.
For the Opposite Party/s : Mr. Madan Kumar, 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 Ekma P.S. Case No. 150 of 2026,
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution case, there is a recovery of
80 litres of illicit liquor. The name of the petitioner has surfaced
at the instance of local Mukhiya. The petitioner is in custody
since 11.05.2026 and claims clean antecedent.
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.
Patna High Court CR. MISC. No.39642 of 2026(2) dt.22-06-2026
2/2
5. Learned A.P.P. for the State opposed the prayer for
bail.
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 Ekma P.S. Case No.
150 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
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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