Patna High Court
Surati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner on condition of a bond and sureties, without expressing any opinion on the merits of the case.
Summary
Surati Devi, the wife of Manoj Bhagat, was arrested in connection with a case registered under the Bihar Prohibition and Excise Act for alleged possession of 175 litres of illicit liquor. The prosecution alleged violations of Sections 30(a), 30(c), 30(d) and 41(1) of the Act, while the petitioner contended that she was falsely implicated and that no liquor was found in her conscious possession. She had been in custody since May 18, 2026, and filed a bail application asserting her innocence. The State opposed the bail, arguing the seriousness of the offence. The Patna High Court, after considering the facts and submissions, ordered her release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the Special Excise Court's satisfaction. The court clarified that its order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a), 30(c), 30(d) and 41(1) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 30(d), 41(1)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43626 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Surati Devi Wife of Manoj Bhagat Resident of Village- Jogauliya Tola Math,
P.S.- Madhuban, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhuban P.S. Case No. 191 of 2026 registered for the offence
punishable under Sections 30(a), 30(c), 30(d) and 41(1) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
175 litres of illicit liquor from the alleged place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is in custody since
18.05.2026.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.43626 of 2026(2) dt.06-07-2026
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prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
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 No.-3, Motihari, East Champaran/
concerned Court below in connection with Madhuban P.S. Case
No. 191 of 2026.
7. 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
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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