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Patna High Court

Ramkali Devi @ Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner subject to specified conditions.

Summary

Ramkali Devi was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 150 litres of liquor were recovered from her joint house. The petitioner contended that she was falsely implicated, arguing that no liquor was found in her personal possession and that the recovery was from a house shared with other family members. The State opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and cited her twenty prior criminal antecedents. The court examined the facts, the statutory requirements, and the period of custody, and decided to grant bail subject to strict conditions. Bail was ordered on a bond of Rs.15,000 with two sureties, and the petitioner was directed to comply with conditions regarding appearance, non‑tampering with evidence, and not leaving the jurisdiction without permission.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of recovery from a joint house.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.
  • Impact of the petitioner’s twenty prior criminal antecedents on the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal antecedents
  • joint house possession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90681 of 2025
                     Arising Out of PS. Case No.-151 Year-2024 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. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Bahadurpur P.S. Case No. 151 of 2024 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 150 litres

                   of liquor has been recovered from the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from the joint house of the petitioner where other family
Patna High Court CR. MISC. No.90681 of 2025(3) dt.24-02-2026
                                             2/3




          members of the petitioner also reside. The petitioner has got no

          concern with the alleged recovery of liquor. The petitioner is in

          custody since 25.04.2025 and has twenty criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Bahadurpur P.S.

          Case No. 151 of 2024, subject to the following conditions:

                        (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                        (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                        (III) The petitioner shall not tamper with the
           Patna High Court CR. MISC. No.90681 of 2025(3) dt.24-02-2026
                                                       3/3




                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   (IV) The petitioner shall not commit any offence of a

                     similar nature in future.

                                   (V) The petitioner shall not leave the territorial

                     jurisdiction of the learned court below without prior permission

                     of the court concerned.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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