Patna High Court
Lalmuni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Lalmuni Devi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 24 litres of liquor recovered from a public place. She claimed innocence, arguing that no incriminating material was found on her and that the liquor was in an open area accessible to the public. The State opposed bail, while the petitioner’s counsel highlighted her two prior criminal antecedents for which she was out on bail and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance. The order released the petitioner on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90151 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- SAHAJITPUR District- Saran
======================================================
Lalmuni Devi W/o Dahari Chaudhary @ Dahari Chodhari Resident of village
- Meduka (Medhuka), P.S.- Sahajitpur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sahajitpur P.S. Case No. 155 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 24 liters
liquor was recovered from palani of the petitioner.
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
Patna High Court CR. MISC. No.90151 of 2025(2) dt.19-01-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. The petitioner is in custody since 08.12.2025 and
has got two criminal antecedents in which she is on bail. There
is no compliance of Section 103 of the Bharatiya Nagarik
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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sahajitpur P.S. Case
No. 155 of 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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