Patna High Court
Chinta Devi @ Jahari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the accused had a clean antecedent, short custody period, and no incriminating material directly linking her to the seized liquor.
Summary
The petitioner, Chinta Devi, was arrested on 08‑12‑2025 after 75.4 litres of liquor were recovered from her residence in Rohtas. She sought bail in an excise case under Section 30(a) of the Bihar Prohibition and Excise Act, claiming innocence, lack of incriminating material in her possession, and no prior criminal record. The State opposed the bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean antecedent, the short period of custody, and the absence of direct evidence linking her to the liquor. Consequently, the Court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the requirements of Section 103 of the B.N.S.S., 2023 have been complied with for bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise offence
- Section 30(a)
- clean antecedent
- custody period
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8396 of 2026
Arising Out of PS. Case No.-520 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Chinta Devi @ Jahari Devi Wife of Khaderan Choudhary @ Sanjay
choudhary Resident of Mohalla -Niranjan Bigha, P.S.- Dehri, District -Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Mrs.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise Case No.
1900/2025, arising out of Excise P.S. case No. 520 of 2025
instituted for the offences under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 75.4 liters
liquor was recovered from two plastic bag, jhola and bucket
and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.8396 of 2026(2) dt.11-02-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery is made from the main gate of
the house, the same is open place, accessible to one and all.
The petitioner is in custody since 08.12.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Case No.
1900/2025, arising out of Excise P.S. case No. 520 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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