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Patna High Court

Draupadi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.42917 of 2026(2) dt.01-07-2026
                                                         3/3




                       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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