Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to both petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Rinku Devi and Raktu Mahto, were arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act after police recovered 35 litres of country‑made liquor and a pistol from nearby houses. The petitioners contended that nothing was seized from them, that they are innocent, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. They had been in judicial custody since November 2025. The State opposed bail, but the court, after hearing both sides, found the procedural lapse and lack of direct recovery from the petitioners sufficient to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties, to be satisfied before the 2nd Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Amendment Act and the Arms Act.
- Whether the police’s non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
- Whether the absence of any seized contraband from the petitioners’ possession justifies release on bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Amendment Act
- Arms Act
- Section 105
- procedural lapse
- judicial custody
- seizure
- excise court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17346 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- Pahelja P.S. District- Saran
======================================================
1. Rinku Devi, W/O Ratku Mahto, Resident Of Village - Ramsapur, P.S-
Pahleja, District- Saran
2. Raktu Mahto, S/O Ramji Mahto, Resident Of Village - Ramsapur, P.S-
Pahleja, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankarm, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Pahleja P.S. Case No. 126 of 2025 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act and Section 25(1-b)a, 26 and 35 of
Arms Act.
3. The case of the prosecution, in short, is that from a
Gumti situated before the house of Ramji Mahto, 35 liters of
country made liquor and from the house of one Loha Mahto, one
country made pistol was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.17346 of 2026(2) dt.23-03-2026
2/2
case. Petitioner no.1 is daughter-in-law of Ramji Mahto and
petitioner no.2 is son of Ramji Mahto. Nothing has been recovered
from their possession. It has also been submitted that petitioner
no.1 is having no criminal antecedent whereas petitioner no.2 is
having criminal antecedent of one case in which he is on bail.
The witnesses of the seizure list are police personnel. Police has
not complied Section 105 of B.N.S.S. while making the seizure.
Petitioners are languishing in judicial custody since 19.11.2025
and 27.11.2025 respectively.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
2nd Exclusive Special Excise Court, Saran at Chapra in connection
with Pahleja P.S. Case No. 126 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.