Patna High Court
Gayatri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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