Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26305 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- Bikramganj Excise District- Rohtas ====================================================== Indu Devi Wife of Arun Kumar Resident of Village - Gangati, Ward No. 12, P.S.- Dawath, District - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 20.03.2026 in connection with Bikramganj P.S. Case No. 79/2026 arising out of Excise Case No. 816/2026, F.I.R. dated 19.03.2026 for the offences punishable under Section 30(a), 30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise Act.
3. Recovery is of 380.470 liters of country made liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26305 of 2026(2) dt.20-04-2026 2/3 from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner. The petitioner is made accused merely on the ground that she is wife of the co-accused, Arun Kumar and recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The seizure list witnesses are police personnel and there is non-compliance of Sections 103 and 105 of the BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.03.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. 1, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 79/2026 arising out of Excise Case No. 816/2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.26305 of 2026(2) dt.20-04-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) atul/- U T