Patna High Court
Ramkali Devi @ Raj Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The bail petition is dismissed as no new facts warrant granting bail.
Summary
The petitioner, Ramkali Devi, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act. This was her second bail application after a prior petition was rejected on merit. Counsel argued that she had been in custody for nine months, would cooperate with the trial, and posed no flight risk. The State opposed, highlighting her 20 prior criminal antecedents and that the trial was underway with two of four witnesses already examined. The court noted that no new facts were presented to merit a fresh consideration and consequently dismissed the bail petition.
Issues considered
- Whether regular bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the petitioner’s habitual criminal record and the pendency of trial preclude the grant of bail.
- Whether any new facts have arisen to justify revisiting the earlier denial of bail.
Subjects
- bail
- criminal procedure
- prohibition law
- habitual offender
- trial pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87482 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- BAHADURPUR District- Patna
======================================================
Ramkali Devi @ Raj Kumari Devi W/o- Late Raju Manjhi Mohalla- Musahri,
P.S- Bahadurpur, District-Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate.
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Bahadurpur P.S. Case No.248 of 2024, for the offences
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. This is the second bail petition filed on behalf of
the petitioner. Earlier, this Court had rejected the bail petition of
the petitioner on merit, vide order dated 10.09.2025 passed in
Cr. Misc. No.58537 of 2025.
4. Learned counsel for the petitioner submits that
petitioner has remained in custody for about nine months and
shall cooperate in the trial. He further submits that there is no
chance of absconding the petitioner, if the bail is granted to her.
Patna High Court CR. MISC. No.87482 of 2025(3) dt.13-02-2026
2/2
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner and submits
that earlier bail petition of the petitioner was rejected on merit.
He further submits that petitioner is a habitual criminal having
20 criminal antecedents and the trial of the case is in progress.
6. As per the report submitted by learned Exclusive
Special Excise Judge, Patna City, it appears that charges against
the petitioner has been framed on 15.10.2025 and out of four
witnesses, two witnesses have already been examined and the
case is fixed for examination of rest two witnesses.
7. Having heard the learned counsels for the parties
and considering the facts and circumstances of the case, no new
facts has come for consideration of the bail of the petitioner, at
this stage. Accordingly, the present bail petition of the petitioner
is dismissed.
(Sunil Dutta Mishra, J)
Ritik/-
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