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Patna High Court

Ramkali Devi @ Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the absence of direct incriminating material against the petitioner and the joint ownership of the premises outweighed her prior criminal antecedents, justifying the grant of bail with conditions.

Summary

The petitioner, Ramkali Devi, sought bail in a case under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act for alleged possession of 53 litres of liquor recovered from a hut jointly owned by her family. The prosecution argued that the liquor was found at the premises and that the petitioner had twenty prior criminal antecedents, while the defence contended that no incriminating material was found in her personal possession and she was falsely implicated. The court noted the absence of direct evidence against her, the joint ownership of the property, and considered her antecedents and period of custody. It concluded that bail could be granted subject to strict conditions, including surety, appearance requirements, and restrictions on tampering with evidence or leaving jurisdiction. Accordingly, the court ordered her release on bail upon furnishing a Rs.15,000 bond with two sureties and compliance with the stipulated conditions.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to a person accused under the Bihar Prohibition and Excise Act with prior criminal antecedents?
  • Whether the lack of incriminating material in the petitioner’s personal possession justifies bail despite recovery of liquor from a jointly owned hut?
  • Whether compliance with Section 103 of the BNSS, 2023 is a prerequisite for bail in this case?

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • joint property
  • Section 103 BNSS 2023
  • conditions of bail
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90232 of 2025
                     Arising Out of PS. Case No.-45 Year-2018 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Ramkali Devi @ Raj Kumari Devi W/o Late- Raju Manjhi @ Rajkiran
                 Manjhi R/o Mohalla- Musahri, P.S- Bahadurpur, Dist- 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 :      Mr. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Bahadurpur PS Case No. 45 of 2018 instituted for the offences

                   under Section/s 30(a), 38 & 41 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 53 liters

                   liquor was recovered from the hut 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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.90232 of 2025(3) dt.31-01-2026
                                            2/3




          that recovery is made from hut, which is joint property of the

          family of the petitioner. The petitioner is in custody since

          28.04.2025 and has got twenty (20) criminal antecedent/s. There

          is no compliance of Section 103 of the BNSS, 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 of the petitioner 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, after framing

          of charge, if not already framed, 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 Bahadurpur PS Case No. 45 of 2018, 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

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.90232 of 2025(3) dt.31-01-2026
                                                       3/3




                             (III) If the petitioner tampers with the evidence or the

                     witnesses of the case by intimidating/pressurizing the witnesses,

                     during the investigation or trial, in that case, prosecution will be

                     at liberty to move for cancellation of bail of the petitioner.

                             (IV) If the petitioner is found indulged in any criminal

                     activity or commission of any crime after being released on bail,

                     the prosecution will be at liberty to file an appropriate

                     application before the court below for cancellation of his bail.

                             (V) The petitioner shall not leave the territorial

                     jurisdiction of the Court below without its prior permission.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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