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Patna High Court

Gayatri DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Gayatri Devi, applied for bail in a case (Gaurichak P.S. Case No. 855 of 2025) involving alleged possession of 95 litres of illicit country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged recovery of the liquor but no incriminating article was found in the petitioner's conscious possession. The petitioner argued false implication, lack of criminal antecedent, and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the period of custody since 07‑12‑2025, and the absence of direct evidence, the Court inclined to grant bail. The Court ordered release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the circumstances of custody.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Section 30
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4654 of 2026
                      Arising Out of PS. Case No.-855 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Gayatri Devi W/o - Baleshwar Manjhi R/o - Chipura Kala, Mushahari, Ps -
                 Gaurichak,Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Gaurichak P.S. Case No. 855 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 95 litres

                   of illicit country-made liquor has been recovered from plastic

                   gallon.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. The petitioner has got no concern
             Patna High Court CR. MISC. No.4654 of 2026(2) dt.28-01-2026
                                                         2/2




                       with the alleged recovery of liquor. The petitioner is in custody

                       since 07.12.2025 and has no criminal antecedent. There is no

                       compliance of Section 103 of the Bharatiya Nagarika Suraksha

                       Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Gaurichak P.S. Case

                       No. 855 of 2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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