Patna High Court
Domni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted bail to the petitioner upon the condition of a Rs.10,000 bond with two sureties.
Summary
Domni Devi, wife of Sonu Sah, was arrested in connection with an Excise case (Case No. 260 of 2026) after 3 litres of IMFL were recovered from behind her house. She filed an application for regular bail, contending that no incriminating article was found in her possession and that she was falsely implicated due to her antecedents. The State opposed the bail. The Patna High Court, after hearing both sides and noting the nature of the allegation and her custody since 30 April 2026, ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge (Excise‑2), Purnia.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s claim of false implication and lack of possession of the seized liquor warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- excise law
- Bihar Prohibition and Excise Act
- false implication
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41167 of 2026
Arising Out of PS. Case No.-260 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Domni Devi Wife of Sonu Sah Resident of Mohalla- Singal Tola, Ward No.-
38, Khuskibagh, P.S.- Sadar, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, 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 Excise P.S. Case no. 260
of 2026 registered under section 30(a) Bihar Prohibition and
Excise Act, 2016.
3. As per the prosecution case, 3 litres of IMFL was
recovered from behind the house of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case because of
her antecedents. She is in custody since 30.4.2026 and undertakes to
cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.41167 of 2026(2) dt.01-07-2026
2/2
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody since 30.4.2026, the Court directs the
petitioner to be enlarged on bail in connection with Excise P.S. Case
no. 260 of 2026 on 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-2),
Purnia.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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