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Patna High Court

Surati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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