Patna High Court

Dula DeviversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Dula Devi, was arrested in connection with Excise P.S. Case No. 769C2 of 2025 for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 2 litres of liquor were said to have been recovered from her. She contended that she was falsely implicated, that no incriminating material was found in her possession, and that the recovery was from an open place unrelated to her. The petitioner also highlighted that her arrest was based merely on suspicion and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the petitioner’s custody period, and her antecedents, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the alleged recovery of liquor and the circumstances of her arrest.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
Section 30(a)
Section 103
criminal procedure
surety
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90205 of 2025
                     Arising Out of PS. Case No.-769 Year-2025 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Dula Devi Son of Chunchun Chaudhary Resident of Village - Manpur, Ward
                 No. 15, P.S. - Halsi, District - Lakhisarai.

                                                                                       ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 769C2 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 total 4.2 liters

                   liquor was recovered out of which 2 liters liquor has been

                   recovered from 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

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.90205 of 2025(2) dt.12-01-2026
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          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 petitioner has no concern with

          the same. It is further submitted that the petitioner has been

          arrested only on the basis of suspicion. The petitioner is in

          custody since 24.11.2025 and has got three 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 Excise P.S. Case No.

          769C2 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
             Patna High Court CR. MISC. No.90205 of 2025(2) dt.12-01-2026
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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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