Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
Rekha Devi and Anokha Devi were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 113 litres of liquor were recovered from a vehicle (Toto). The petitioners contended that they were merely passengers, had no knowledge of the contraband, and that no incriminating material was found on them; the vehicle did not belong to them. They had been in custody since 20 January 2026 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the petitioners' alleged innocence, and the period of detention, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the period of custody.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12117 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- AAJAM NAGAR District- Katihar
======================================================
1. Rekha Devi W/o Nagina Vishwash R/o Village - Chakdha, P.S - Azamnagar,
District - Katihar
2. Anokha Devi W/o Manil Vishwas @ Malin Vishwas R/o Village - Chakdha,
P.S - Azamnagar, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Advocate
For the Opposite Party/s : Mrs.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Azamnagar P.S. case
No. 25 of 2026 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 113 liters
liquor was recovered from Toto.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. The
Patna High Court CR. MISC. No.12117 of 2026(2) dt.23-02-2026
2/2
vehicle in question does not belong to the petitioners. It is
further submitted that the petitioners were sitting as passengers
in the vehicle and have no knowledge regarding the nature of
goods kept in vehicle. The petitioners are in custody since
20.01.2026 and have got one 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Azamnagar P.S.
case No. 25 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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