Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.15,000, two sureties and compliance with stipulated conditions.
Summary
Rekha Devi was arrested after 10 litres of liquor and related items were recovered from her residence, a joint family house, and charged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found in her personal possession and that the recovery was from a shared dwelling. The State opposed bail, while the petitioner’s counsel highlighted her gender, lack of direct involvement, and the absence of compliance with Section 103 of the B.N.S.S., 2023. Considering the facts, the period of custody since 31‑12‑2025, and her two prior criminal antecedents, the Court decided to grant bail. She was released on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and was ordered to appear at every trial date, with bail liable to cancellation upon two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act considering the circumstances of the recovery and her custody period.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- sections 30(a) and 30(c)
- criminal procedure
- liquor possession
- joint family house
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12090 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Rekha Devi W/O Late Rasodadhi @ late Raso Dharhi @ late Raso Ram R/o -
Mirjapur, P.S - Barbigha, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Barbigha P.S. case
No. 239 of 2025 instituted for the offences under Sections
30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 10 liters
liquor and other manufacturing articles were recovered
from the house of the petitioner and the petitioner was
arrested on spot.
4. 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
Patna High Court CR. MISC. No.12090 of 2026(2) dt.23-02-2026
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recovered from the conscious possession of the petitioner.
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that recovery is made from
the joint house of the petitioner where other family
members also reside. The petitioner is a lady. The petitioner
is in custody since 31.12.2025 and has got two criminal
antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. 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.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Barbigha
P.S. case No. 239 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member
Patna High Court CR. MISC. No.12090 of 2026(2) dt.23-02-2026
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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 two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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