Patna High Court
Rupanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 123, 274, 275
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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