Patna High Court
Draupadi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed that bail be granted to the petitioner subject to specified conditions.
Summary
Draupadi Devi was arrested for allegedly transporting 109.2 litres of illicit country-made liquor in an e‑rickshaw, contravening Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She contended that she was merely a passenger and had no knowledge of the contraband, seeking bail after being in custody since 11 May 2026. The State opposed bail, arguing her involvement in the offence. The Court, considering her gender, the nature of the seizure, and the length of her detention, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail order also required a close relative as a bailor and attendance at all court dates, with cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 considering the facts of the case.
- Whether the petitioner’s claim of being a mere passenger without knowledge of the illicit liquor is sufficient to merit bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- gender considerations
- Section 30(a)
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42917 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- Ghogha District- Bhagalpur
======================================================
Draupadi Devi W/o Jyotish Mandal Resident of village- Pakkisarai, P.s.-
Ghogha, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swapnil Kumar Singh, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP. for the State.
2. In the present case, the petitioner seeks bail in
connection with Ghogha P.S. Case No. 86 of 2026, registered
for the offences under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per the prosecution case, the petitioner was
apprehended transporting illicit liquor on an e-rickshaw which
was intercepted during checking of vehicles. Petitioner and
other coaccused persons were apprehended but one coaccused
person escaped from the police custody and two other
coaccused persons fled away when the vehicle was being
intercepted. From search of the vehicle, recovery of 109.2 litre
of country made liquor was made and it is alleged that 55 litre
Patna High Court CR. MISC. No.42917 of 2026(2) dt.01-07-2026
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of country made liquor belongs to this petitioner and her
husband.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Learned counsel further submits
that the petitioner was merely a passenger on the said e-
rickshaw and she was having no knowledge about the illicit
liquor kept in the e-rickshaw. The driver was not apprehended
and petitioner has been made accused without any material. The
petitioner is in custody since 11.05.2026. She is having
antecedent of two cases and she is on bail in both the cases.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner is a lady and further considering the
nature of recovery and her period of custody, the petitioner is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Excise Judge-i, Bhagalpur/concerned court, in
connection with Ghogha P.S. Case No. 86 of 2026, subject to
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the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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