Patna High Court

Sandhya KumariversusThe State of Bihar

Decided: 1 July 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner on a bond of Rs 10,000 with two sureties.

Summary

Sandhya Kumari, a 27‑year‑old woman, was implicated in a case (PS‑65/2024) involving alleged illegal liquor possession and related offences under multiple sections of the IPC and the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that after a raid on Suresh Mahto’s house, 20 litres of illicit liquor were seized, and that co‑accused forcibly released Suresh Mahto, injuring three police officers. The petitioner contended that the allegations were false, general, and that she has no criminal antecedent, having been in custody since 10‑May‑2026. The State opposed bail. The High Court, considering the seriousness of the charges, the petitioner’s gender, lack of prior record, and the duration of custody, ordered that she be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, to be presented before the Exclusive Special Judge Excise, Ist, Saran at Chapra.

Issues considered

What is the appropriateness of granting regular bail to the petitioner given the nature and number of charges under the IPC and the Bihar Prohibition and Excise Act?
Does the petitioner’s lack of criminal antecedent and gender warrant bail despite the serious allegations?
Are the allegations against the petitioner sufficiently specific to deny bail?

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 45
Indian Penal Code — s. 147, 148, 149, 224, 225, 307, 323, 332, 333, 341, 353, 504, 506

Subjects

bail
criminal procedure
Indian Penal Code
Bihar Prohibition and Excise Act
illicit liquor
gender considerations
false implication
police custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40323 of 2026

                     Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Sandhya Kumari, S/O Dhanraj Mahto @ Guddu Mahto, R/O Madanpur
                 bintoli, P.S-Avtarnagar, District-Saran


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Bhawana Jha, Advocate
                                                 Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                 ORAL ORDER


2   01-07-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Awtarnagar P.S. Case

                   no.65 of 2024 registered under sections 307, 147, 148, 149, 224,

                   225, 341, 323, 333, 332, 353, 504 and 506 of the Indian Penal

                   Code and sections 30(a) and 45 of the Bihar Prohibition and

                   Excise Act, 2016.

                                 3. As per the prosecution case, on secret information

                   having been received and a raid being it is stated that 20 litres of

                   illicit liquor was recovered from the house of one Suresh Mahto
Patna High Court CR. MISC. No.40323 of 2026(2) dt.01-07-2026
                                            2/3




          and he was taken into custody. Thereafter it is stated that a

          number of co-accused named in the F.I.R. as also 50-60 other

          persons forcibly got the said Suresh Mahto released from the

          police custody. Six of the other accused were taken into custody

          while it is stated that the others including the petitioner managed

          to escape. Three police personnel were injured in the

          occurrence.

                       4. Learned counsel for the petitioner submits that the

          petitioner who happens to be a 27 year old lady has been falsely

          implicated in the case. The allegations levelled against the

          petitioner are false and concocted. In any case of the matter the

          allegation so far as the petitioner is concerned are general and

          omnibus in nature. She is in custody since 10.5.2026 and has no

          criminal antecedent.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the nature of allegation against the

          petitioner in the F.I.R. together with the petitioner who is a lady

          having remained in custody since 10.5.2026 and not having any

          criminal antecedent, the petitioner is directed to be enlarged on

          bail in connection with Awtarnagar P.S. Case no.65 of 2024, on
            Patna High Court CR. MISC. No.40323 of 2026(2) dt.01-07-2026
                                                        3/3




                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Judge Excise Ist, Saran at Chapra.



                                                    (Partha Sarthy, J)
avinash/-

U      T

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