Patna High Court

Rinki Devi @ Rinku DeviversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to a cash bond, two sureties, a charitable donation, and verification of her antecedent.

Summary

The petitioner, Rinki Devi, was arrested in connection with the recovery of 20 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for bail, asserting her innocence, a clean antecedent, and willingness to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a Rs. 10,000 bond with two sureties, depositing Rs. 25,000 with the Ramakrishna Mission, and verifying her antecedent. The order is limited to the bail application and does not prejudice the merits of the trial. Consequently, the bail application was disposed in favour of the petitioner.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
Whether the condition of a charitable donation can be imposed as a term of bail
Whether verification of the petitioner’s antecedent is required before accepting bail

Subjects

bail
prohibition law
excise
illicit liquor
criminal procedure
charitable donation condition
antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22276 of 2026
                       Arising Out of PS. Case No.-72 Year-2026 Thana- DIGHWARA District- Saran
                 ======================================================
                 Rinki Devi @ Rinku Devi Wife of Mukhalal Mahato Village- Hemantpur Ps
                 -Dighwara District -Saran AT Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Chandra Mohan Jha, Advocate
                 For the State           :        Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Dighwara P.S. Case No. 72 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, there is recovery of 20

                   litres of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   16.02.2026 having clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.22276 of 2026(2) dt.09-04-2026
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          organization without accepting her guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned 1 st Exclusive

          Special Excise Judge, Saran at Chapra/concerned Court below

          in connection with Dighwara P.S. Case No. 72 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra, Bihar and produce the receipt of the

          same before the Court below. The bail bonds of the petitioner

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.22276 of 2026(2) dt.09-04-2026
                                                       3/3




                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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