Mangali Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mangali Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Excise PS Case No. 526 of 2024, subject to conditions: (I) one bailor to be an own/close member of the petitioner's family; (II) appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner, implicated in Excise PS Case No. 526 of 2024 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

Petitioner 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 the Court below/concerned Court in connection with Excise PS Case No. 526 of 2024.

Key takeaways

Condition (I): one of the bailors shall be an own/close member of the family of the petitioner.ratio¶21
Condition (II): the petitioner shall appear on each and every date fixed at the trial.ratio¶22
Condition (II) continued: in case of default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.ratio

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), by oral order dated 20-02-2025 in CRIMINAL MISCELLANEOUS No.9083 of 2025, granted bail to Mangali Devi in Excise PS Case No. 526 of 2024 (Thana Excise P.S., District Sheikhpura), instituted under Section 30(a) of the Bihar Prohibition and Excise Act, in which 12 litres of country made liquor was alleged to have been recovered from the bank of a road and her hut. Her counsel pleaded innocence, open-place recovery, widowhood, custody since 19.12.2024, two criminal antecedents and non-compliance of Section 103 of B.N.S.S.; the learned A.P.P. opposed. Considering the facts, circumstances and period of custody, the Court released her on bail bonds of Rs.10,000/- with two sureties of the like amount each, imposing conditions that one bailor be a close family member and that she attend every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9083 of 2025

Arising Out of PS. Case No.-526 Year-2024 Thana- Excise P.S. District- Sheikhpura

======================================================

Mangali Devi Wife of Late Mahesh Chaudhary Resident of Village - Mirjapur Sarba, Police Station - Barbigha, District - Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Sarita Kumari, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 20-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Excise PS Case No. 526 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 12 litres of country made liquor was recovered from bank of road and hut of the petitioner.

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

Patna High Court CR. MISC. No.9083 of 2025(2) dt.20-02-2025 2/3

of liquor. It is submitted that petitioner is a widow lady. It is further submitted that recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 19.12.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner 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 Court below/concerned Court in connection with Excise PS Case No. 526 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.9083 of 2025(2) dt.20-02-2025 3/3

two consecutive dates, the Trial Court will have liberty to

cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T