Created by Fuzzy Cloud

Patna High Court

Chandrakala DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

The petitioner, Chandrakala Devi, was arrested in connection with the recovery of 2,397.96 litres of illicit liquor from her hut, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. She filed an application for regular bail, asserting innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, noting the petitioner’s gender and clean record, allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount and the deposit of Rs. 25,000 with the Ramakrishna Mission Sevashrama, subject to verification and conditions under Section 482(2) of the B.N.S.S. The order also stipulated automatic cancellation of bail in case of a repeat offence and clarified that the observations were prima facie and not substantive on the merits.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for bail in this case.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • women detainee
  • clean antecedent
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40540 of 2026
                   Arising Out of PS. Case No.-148 Year-2026 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Chandrakala Devi Wife of Late Karamchandra Manjhi Resident of Village-
                 Maintha, P.S.- Kusheshwarsthan, District- Darbhanga

                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nawal Kishor Prasad, Adv.
                 For the Opposite Party/s :     Mr. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-06-2026                  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 Kusheshwar Asthan P.S. Case

                   No. 148 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 recovery of

                   2397.96 litres of illicit liquor from the hut of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has committed no offence. The

                   petitioner is in custody since 19.05.2026 and claims clean

                   antecedent. The petitioner undertakes to donate a sum of Rs.

                   25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
Patna High Court CR. MISC. No.40540 of 2026(2) dt.23-06-2026
                                            2/3




          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Considering the fact that the petitioner is a woman

          and has clean antecedent, this application for regular 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 Kusheshwar Asthan

          P.S. Case No. 148 of 2026, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S. with further

          conditions that:-

                                               (i) The petitioner shall
                                     deposit a sum of Rs. 25,000/- (Rupees
                                     Twenty-Five Thousand Only) with
                                     Ramakrishna Mission Sevashrama,
                                     Swami Vivekananda Path, Bela,
                                     Muzaffarpur, Bihar 842002 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. In case of repeat offence, the bail bond of the

          petitioner shall be cancelled automatically by the learned
            Patna High Court CR. MISC. No.40540 of 2026(2) dt.23-06-2026
                                                        3/3




                      Exclusive Special Judge-II, (Excise Act), Darbhanga.

                                   9. 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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.