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Patna High Court

Rupanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner, Rupanti Devi, subject to a bond and sureties.

Summary

Rupanti Devi was arrested after police recovered 100 litres of country-made liquor and 50 litres of spirit from her residence, leading to charges under Sections 274, 275, 123 and 110 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed she was innocent, that the liquor was found in a joint family house, she had no prior criminal record, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail, citing the seriousness of the offences. Considering the lack of incriminating material directly linking her to the liquor, her clean record, and the duration of her custody, the Court decided to grant bail. She 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 in a case involving alleged possession of illicit liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
  • Whether the absence of direct incriminating material and the petitioner’s clean record justify bail despite the seriousness of the offences.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita affects the bail decision.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • possession
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12416 of 2026
                 Arising Out of PS. Case No.-449 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Rupanti Devi W/o Ajay Rai Resident of Village- Barkurwa, P.S.- Piprakothi,
                 Dist.- East Champaran, Bihar
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tripti Singh, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Piprakothi P.S. Case No. 449 of 2025, instituted for the offences

                   punishable under Sections 274, 275,123 and 110 of the

                   Bharatiya Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 100

                   liters of country made liquor and 50 Litres of spirit were

                   recovered from the house of the petitioner.                   Petitioner was

                   arrested on the 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 recovered from
           Patna High Court CR. MISC. No.12416 of 2026(2) dt.24-02-2026
                                                       2/2




                     the conscious possession of the petitioner. The petitioner has got

                     no concern with the alleged recovery of liquor. Learned counsel

                     for the petitioner further submitted that the recovery has been

                     made from joint house of the petitioner, where other family

                     members also reside. The petitioner is a lady. The petitioner is

                     in custody since 30.12.2025 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Piprakothi P.S. Case

                     No. 449 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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