Patna High Court

Mina deviversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner despite the allegations and prior record.

Summary

The petitioner, Mina Devi, sought bail in a case (Naubatpur P.S. Case No. 712/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 18 litres of liquor were recovered from co‑accused premises. The petitioner contended that she was falsely implicated, no liquor was found in her possession, and the allegation stemmed solely from a chowkidar’s statement. The State opposed bail, highlighting her two prior criminal records and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The order directed release of the petitioner on bail subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5255 of 2026
                      Arising Out of PS. Case No.-712 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Mina devi W/o Late Sudarshan Manhj R/o Vill- Purushottampur Mushari,
                 P.S.- Naubatpur, Distt- Patna (Bihar)
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Naubatpur P.S. Case No. 712/2025 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 18 litres

                   of liquor was recovered from two houses.

                               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 name of the petitioner has

                   transpired on the basis of the disclosure made by local

                   chowkidar. The recovery is made from the house of the co-

                   accused, Rinki Devi. The petitioner has no concern with the
             Patna High Court CR. MISC. No.5255 of 2026(2) dt.29-01-2026
                                                         2/2



                       alleged recovery. The petitioner is in custody since 05.12.2025

                       and has two criminal antecedents. 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 Naubatpur P.S. Case

                       No. 712/2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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