Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39058 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- EXCISE BENIPUR District- Darbhanga ====================================================== Kiran Devi, aged about 50 years, Female, Wife of Late Dinesh Mahto, Resident of Village- Balour, Ward No. 6, P.S.- Manigachhi, DistrictDarbhanga, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Benipur Excise P.S. Case No. 114 of 2026 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation in the FIR, total 2. liters 100 ml of Nepali country made liquor has been recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is a widow who works as a

Patna High Court CR. MISC. No.39058 of 2026(2) dt.17-06-2026 2/3 domestic helper (dai) in different households to earn her livelihood. He next submits that the petitioner has no concerned with the recovered illicit liquor. He lastly submits that petitioner is a lady and she is in custody since 02.05.2026.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned Special Judge-1st (Excise Act), Darbhanga dated 16.05.2026, it appears that on the basis of written report of the informant, FIR has been registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 against the above named petitioner and the allegation is that total 2. liters 100 ml of Nepali country made liquor has been recovered from the conscious possession of the petitioner. Petitioner is a lady and she is in custody since 02.05.2026 and there is no any independent witness of the seizure list, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant regular bail to the above named petitioner, so the prayer for regular bail of the petitioner is allowed.

7. Accordingly, let the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.39058 of 2026(2) dt.17-06-2026 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Darbhanga in connection with Benipur Excise P.S. Case No. 114 of 2026. (Ramesh Chand Malviya, J) Anand Kr.

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