Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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/-
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