Patna High Court
Domani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Domani Devi, was arrested in connection with the seizure of 24.300 litres of illegal Nepali liquor under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed she was falsely implicated, highlighted that she is a woman, and noted a single prior criminal antecedent while having been in custody since 21 May 2026. The prosecution opposed her request for regular bail. The court, considering her gender and the submissions, granted regular bail, ordering a bond of Rs. 10,000 with two sureties. Consequently, the petitioner was released pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite a prior criminal antecedent
- Whether the petitioner’s gender and claim of false implication affect the bail decision
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illegal liquor
- gender
- false implication
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43292 of 2026
Arising Out of PS. Case No.-196 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Domani Devi W/o Sushil Sahni @ Sushil Sahani R/o Village- Dhamad
Chowk, P.S- Jalley, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 24.300 litres of illegal
Nepali liquor was recovered from a shop.
4. Learned counsel for the petitioner submits that
petitioner is a lady and she has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
one criminal antecedent and she is in custody since 21.05.2026.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
Patna High Court CR. MISC. No.43292 of 2026(2) dt.02-07-2026
2/2
6. Considering the submissions advanced on behalf of
the parties as well as the fact that petitioner is a lady, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on 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-I,
Darbhanga /concerned Court below in connection with Excise
Sadar P.S. Case No. 196 of 2026.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.