Patna High Court
Chandrakala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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/-
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