Patna High Court
Surjee DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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