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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail was allowed.

Summary

Kiran Devi was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 723.375 litres of illicit liquor. She applied for regular bail, asserting her innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the circumstances, granted regular bail on the condition of a Rs. 10,000 cash bond, two sureties of equal amount, and the deposit of the Rs. 25,000 donation with Ramakrishna Math, subject to verification of the receipt. The bail was also conditioned on compliance with Section 482(2) of the B.N.S.S. The Court clarified that its observations were prima facie and not to influence the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the conditions imposed, including a charitable donation, are permissible under bail law.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • charitable donation condition
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41414 of 2026
                     Arising Out of PS. Case No.-918 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Kiran Devi Wife of Sahdev chauhan @ Sahdev Beldar Resdient of Village-
                 Kurmi Tola, P.S.- Muffasil, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Muffasil P.S. Case No. 918 of 2025, 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

                   723.375 litres of illicit liquor from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has committed no offence and

                   has falsely been implicated in this case. The petitioner is in

                   custody since 23.04.2026. The petitioner undertakes to donate a

                   sum of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) to a
Patna High Court CR. MISC. No.41414 of 2026(2) dt.25-06-2026
                                            2/3




          charitable 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 aforesaid facts and circumstances,

          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 Muffasil P.S. Case

          No. 918 of 2025, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S. with further condition that:-

                                                  (i) The petitioner shall
                                       deposit a sum of Rs. 25,000/- (Rupees
                                       Twenty-Five Thousand Only) with
                                       Ramakrishna Math, Village Jharha
                                       (near Matua Pahar), Halka Chilore,
                                       P.O. Gurua, Dist. Gayaji, Bihar
                                       824205 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. 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
            Patna High Court CR. MISC. No.41414 of 2026(2) dt.25-06-2026
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                      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


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