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Patna High Court

Surjee DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to a Rs.10,000 bond with two sureties and a condition to deposit Rs.25,000 in a charitable institution.

Summary

Surjee Devi was arrested in connection with the recovery of 25.200 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. She contended that she was falsely implicated and had been in custody since 21 March 2026. The petitioner’s counsel offered a charitable donation of Rs. 25,000 without admitting guilt and sought bail. The State opposed the bail application. The Court, after considering the circumstances, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of the same amount and deposit Rs. 25,000 with the Ramakrishna Mission Ashrama, producing the receipt before the lower court. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • excise
  • criminal procedure
  • Section 30(a)
  • Bihar
  • charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41489 of 2026
                      Arising Out of PS. Case No.-246 Year-2026 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Surjee Devi Wife of Anil Prasad R/O Vill.- Hanuman Gadi, P.S.- Gopalganj
                 Nagar, Dist.- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Saurabh Kumar, Advocate
                 For the State             :        Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Gopalganj (Excise) P.S. Case No. 246 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Amendment Act, 2022.

                                 3. As per the prosecution case, there is recovery of

                   25.200 litres of illicit liquor from the possession of the

                   petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   21.03.2026.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41489 of 2026(2) dt.25-06-2026
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          petitioner is ready to donate Rs. 25,000/- in some charitable

          organization without accepting her guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No. II, Gopalganj/concerned Court below

          in connection with Gopalganj (Excise) P.S. Case No. 246 of

          2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
           Patna High Court CR. MISC. No.41489 of 2026(2) dt.25-06-2026
                                                       3/3




                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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