Patna High Court - Orders
Champa Devi vs The State Of Bihar on 6 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9119 of 2026
Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran
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1. Champa Devi W/O Late Santlal Mahto R/O Village- Madanpur Bintoli, P.S.-
Avtarnagar, District- Saran.
2. Sangita Devi W/O Chedi Mahto R/O Village- Madanpur Bintoli, P.S.-
Avtarnagar, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Bhawana Jha, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 06-02-2026Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seeks bail in connection with Awtarnagar P.S. Case No. 65 of 2024 instituted for the offences under Sections 147, 148, 149, 224, 225, 341, 323, 353, 307, 332, 333, 504 & 506 of the Indian Penal Code and Sections 30(a) & 45 of the Excise Act.
3. The prosecution case, on secret information, a raid was conducted in which 20 litres illicit liquor was recovered from the house of the co-accused, Suresh Mahto and he was apprehended. It is further alleged that when the police proceeded with co-accused, Suresh Mahto and seized the liquor, Patna High Court CR. MISC. No.9119 of 2026(2) dt.06-02-2026 2/3 the petitioners along with other FIR named accused persons, attacked the police party and forcibly got released co-accused, Suresh Matho from police custody.
4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.10.2025. Petitioners bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner's counsel that the petitioners have falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have got no knowledge and concern with the alleged recovery of liquor. No specific accusation of overt act has been alleged against the petitioners. Other co-accused persons have been granted bail by this court vide order dated 11.12.2025 passed in Cr. Misc. No. 80862 of 2025.
6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, there being no recovery from the petitioner's possession, this Court is inclined to grant bail to the petitioners.
Patna High Court CR. MISC. No.9119 of 2026(2) dt.06-02-2026 3/3
8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awtarnagar P.S. Case No. 65 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial and shall not default in such appearance on two consecutive dated, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) atul/-
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