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Patna High Court

Lata Devi @ Hemlata DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants bail to the petitioner.

Summary

The petitioner, Lata Devi, was arrested in connection with a case alleging possession of 20 litres of liquor recovered from her motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she was falsely implicated, having no knowledge of the goods and no incriminating article found in her conscious possession, and that the only link was her ownership of the vehicle. The State opposed bail, while the petitioner highlighted a lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, considering the facts, the period of custody since 20‑10‑2025, and the petitioner’s single prior criminal antecedent, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • vehicle ownership
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91141 of 2025
                        Arising Out of PS. Case No.-215 Year-2025 Thana- KHAIRA District- Saran
                 ======================================================
                 Lata Devi @ Hemlata Devi Wife of Suresh Sah R/o Village - Harpur
                 Dakchhin Tola, P.S.- Baniyapur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr . Krishna Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, 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 Khairah

                   P.S. Case No. 215 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 20 litres

                   of liquor was recovered from motorcycle.

                               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. Learned counsel further submitted

                   that the name of the petitioner has transpired in this case merely

                   as being the owner of the vehicle in question and he had no
           Patna High Court CR. MISC. No.91141 of 2025(2) dt.19-01-2026
                                                       2/2




                     knowledge regarding the goods loaded in the vehicle. The

                     petitioner is in custody since 20.10.2025 and has one criminal

                     antecedent. 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 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 Khairah P.S. Case

                     No. 215 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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