Patna High Court
Sabita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that bail should be granted to the petitioners subject to conditions.
Summary
The petitioners, accused in a case involving the illegal manufacture and sale of country-made liquor and related mob violence, applied for regular bail. The police raid uncovered large quantities of illicit liquor at the residence and shop of Lalbabu Mahato, leading to the arrest of several individuals and a subsequent violent confrontation with a mob. The petitioners argued that no incriminating material was found in their possession, they have clean antecedents, and the allegations against them are vague. The State opposed bail, citing the seriousness of the offences under the Bihar Non‑Commercial Substances Act, the Bihar Prohibition and Excise Act, and the SC/ST Act. Considering the length of custody, lack of specific evidence, and the petitioners' cooperation, the court granted bail on the condition of a Rs.10,000 bond with two sureties and required their presence at trial.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the offences alleged
- Whether the evidence against the petitioners is sufficient to justify continued detention
Legislation cited
- Bihar Non‑Commercial Substances Act — s. 109, 115(2), 121(1), 121(2), 126(2), 127(2), 190, 191(2), 274, 275, 324(4), 351(2), 352
- Bihar Prohibition and Excise Act — s. 30(a), 45
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- regular bail
- illicit liquor
- illegal liquor trade
- mob violence
- Bihar Prohibition and Excise Act
- SC/ST Act
- Criminal Procedure Code
- non‑bailable offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80401 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Sabita Devi S/o- Lalan Chaudhary @ Lalan Kumar R/v- Jhakhiya Ps-
Banjariya Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80756 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Rajesh Sahani Son of Late Rambaran sahani @ Late Ram Baran sahni
Resident of Village- Britiya Loknathpur, Ps- Turkauliya, Dist- East
champaran
2. Ram Balak Yadav son of Dularchand Yadav Resident of Village- Britiya
Loknathpur, Ps- Turkauliya, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 83581 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Lalbabu Mahto @ Lalbabu Kumar Mahto @ Lalbabu Kumar Mahato S/o
Laxman Mahto R/o Vill- Jhakhiya, P.S.- Banjariya, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 84024 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Sk. Nirodh @ Sk. Noor Alam @ Sk. Nurul Hoda@ Sheikh Nirodh @ Sheikh
Noor Alam @ Sheikh Nural Hoda Son of Seikh Nadim @ Sk. Nadim
Resident of Village- Britiya Loknathpur, Police Station- Turkauliya, District -
East Champaran at Motihari. (Petitioner name- @ Shekh Nur Alam)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 80401 of 2025)
Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026
2/5
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Usha Kumari 1
(In CRIMINAL MISCELLANEOUS No. 80756 of 2025)
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Sadanand Paswan
(In CRIMINAL MISCELLANEOUS No. 83581 of 2025)
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Usha Kumari 1
(In CRIMINAL MISCELLANEOUS No. 84024 of 2025)
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 17-01-2026 All the four Cr. Misc. applications have arisen out of
the same occurrence and as such they have been heard together
and are being disposed of by passing this common order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners have preferred this application for
grant of regular bail in connection with Turkauliya P.S. Case
No. 462 of 2025 registered for the offences punishable under
Sections 191(2), 190, 126(2), 127(2), 115(2), 121(1), 121(2),
109, 351(2), 352, 324(4), 274 and 275 of the BNS, Sections
30(a) and 45of the Bihar Prohibition and Excise Act and Section
3(1)(s), 3(1) (r), 3(2) (va) of the SC/ST Act.
4. As per the prosecution story, the informant being a
police personnel has alleged that on 16.09.2025, a confidential
information was received that one Lalbabu Mahato had
concealed a large quantity of country-made liquor in his house
Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026
3/5
and shop, the police party reached Lalbabu Mahato’s house at
about 15:55 hours. On seeing the police vehicle, one person
came out of the house and attempted to flee, but he was chased
and apprehended by the police force. On inquiry, he disclosed
his name as Kamalbabu Mahato. During the search, of the
house, three black-colored plastic gallons, each containing 40
liters of country-made liquor, and ten polyethylene bags
containing 2 liters each of country-made liquor were recovered,
totaling 140 liters. Further, Lalbabu Mahato disclosed that
additional liquor was stored in his shop situated beside the NH
road, which was being run by his sister-in-law and where liquor
was being sold. Accordingly, the police party proceeded to the
said shop along with Lalbabu Mahato. At the shop, a woman
attempted to escape but was apprehended by the lady police
personnel. On inquiry, she disclosed her name as Sabita Devi,
Thereafter, following due legal procedures, the shop was
searched, during which one blue-colored plastic gallon
containing 40 liters of country-made liquor and one plastic
gallon containing 20 liters of country-made liquor were
recovered, totaling 60 liters. The recovered liquor was seized.
While police personnel were returning to the police station with
the apprehended accused persons, they created a ruckus and
Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026
4/5
called 40–45 supporters, who surrounded the police vehicle and
attempted to free the accused. The mob obstructed government
work, abused the police personnel, and hurled caste-based
abuses at the informant, and assaulted him with the intention to
kill. During the assault, the mob attacked the police force with
barbed wire, bricks, and iron rods. One assailant struck the
informant on the head with an iron rod, causing a deep bleeding
injury. The government vehicle was also forcibly taken away
during the chaos.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. Nothing incriminating has been recovered from their
conscious possession and there is no specific allegation against
the petitioners rather general, vague, sweeping and omnibus
allegations have been leveled against the petitioners. All the
petitioners have clean antecedent and they are in custody since
18.09.2025. The injury report pertaining to one of the injured
has been mentioned in the case diary which suggests that the
injury sustained by the injured is simple in nature.
6. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioners.
7. Keeping in view the aforesaid facts and considering
Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026
5/5
the period under custody, let the petitioners, 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 learned Exclusive Court No. I, Motihari, East
Champaran in connection with Turkauliya P.S. Case No. 462 of
2025 subject to the following conditions :-
(i). Petitioners will remain physically present in trial
on each and every date till the disposal of the case failing which,
on two consecutive dates without reasonable cause, the bail bond
of the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be their family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.