Jivachi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3300 of 2026 Arising Out of PS. Case No.-85 Year-2025 Thana- SHIVAJINAGAR District- Samastipur ====================================================== Jivachi Devi Wife Of Surendar Mahto @ Surendar Mandal R/O Village Ghiwahi, P.O. And P.S.- Shivajinagar, District - Samastipur, State - Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhigyan Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Shivajinagar PS Case No. 85 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 210 liters country made liquor was recovered, out of which 45 liters was recovered from the house 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.3300 of 2026(2) dt.19-01-2026 2/2 that recovery is made from the joint house of the petitioner, where other family members also reside. The petitioner is in custody since 22.11.2025 and has got one 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 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shivajinagar PS Case No. 85 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T