Patna High Court
Rinku Devi @ Rinku NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail should be granted, subject to a bond and conditions, as the petitioner’s involvement appears tenuous and she has a clean antecedent.
Summary
Rinku Devi was named in FIR No. 712 of 2025 for allegedly possessing 20 litres of country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She contended that the allegation was based solely on a local chowkidar’s disclosure, that the liquor was recovered from a public place, and that she has a clean antecedent. The State opposed her prayer for anticipatory bail. The High Court, considering the lack of direct evidence against her and her clean record, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Amendment) Act, 2023. The Court directed the trial court to verify her criminal antecedents and to cancel the bail if any concealment is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Narcotic Substances (Amendment) Act, 2023 in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate.
Legislation cited
- Bihar Narcotic Substances (Amendment) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- prohibition law
- excise
- country‑made liquor
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15743 of 2026
Arising Out of PS. Case No.-712 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Rinku Devi @ Rinku Nut W/O Dipu nut R/O Vill.- Pakahan Nut Toli, P.S.-
Marhowrah, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Marhowrah P.S. Case No. 712 of 2025 lodged on
25.10.2025, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner.
Total recovery of 20 litres of country made liquor has been
made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.15743 of 2026(2) dt.25-03-2026
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possession of the petitioner and the said recovery has been made
from a place which is accessible to large number of persons of
the locality. Counsel submits that the name of petitioner has
figured in this case only on the basis of disclosure made by local
chowkidar. Counsel further submits that the petitioner is a lady
aged about 41 years, having clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Judge-2, Saran at Chapra, in connection with
Marhowrah P.S. Case No. 712 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about her
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.15743 of 2026(2) dt.25-03-2026
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acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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