Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31825 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- EXCISE SONPUR District- Saran ====================================================== Mamta Devi W/o- Lakhindra Sahni R/v- Randaha PS- Barawati Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Yadav, Advocate Mr. Bharna Yadav, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sonepur Excise P.S. Case No. 26 of 2026 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

03. As per prosecution case, this petitioner was apprehended carrying 6.480 litres of foreign liquor. Two coaccused persons who were also apprehended were found carrying 5.400 litres and 8.640 litres of foreign liquor, respectively.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from her

Patna High Court CR. MISC. No.31825 of 2026(2) dt.12-05-2026 2/3 person or possession. The search and seizure has not been made as per law and the witnesses are members of raiding party. The petitioner is a lady and she is in custody since 06.04.2026. She bears no criminal antecedent.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a lady and further considering the quantity of liquor recovered and her period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra/concerned Court in connection with Sonepur Excise P.S. Case No. 26 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.31825 of 2026(2) dt.12-05-2026 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T