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Patna High Court

Rima DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner, subject to conditions.

Summary

Rima Devi, the wife of Vinay Kumar (also known as Lal Sah), was named in an FIR under sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Act for alleged involvement in a large spirit liquor smuggling operation. The petitioner sought anticipatory bail, arguing that she is a housewife with no criminal antecedent and that her husband’s confession was obtained under duress. The State opposed, relying on the husband’s naming of the petitioner as an accomplice. The Court examined the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail applications under the Excise Act despite the bar in Section 76(2) if no offence is made out. Finding that no liquor was recovered from the petitioner’s possession and that the allegations did not constitute a cognizable offence against her, the Court granted anticipatory bail with stringent conditions. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any condition. The bail bond was set at Rs.10,000 with two sureties and specific compliance requirements.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the mere naming of the petitioner by her husband in the FIR suffices to deny anticipatory bail.
  • Whether the petitioner has any criminal antecedent that would preclude the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • spirit liquor smuggling
  • section 76(2)
  • bail conditions
  • criminal antecedent
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25858 of 2026
                          Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Rima Devi W/o Vinay Kumar Sah @ Lal Sah Resident of Village- Kisunpur,
                 P.S.- Bheldi, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                     Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and learned APP representing the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Parsa P.S. Case No. 97 of 2026 for the offence

                   under sections 30(a), 41(1) and 32 of the Bihar Prohibition and

                   Excise Act lodged on 25.02.2026 by the informant, Omprakash.

                                3. As per the prosecution story, the Police on secret

                   information about transportation of large quantity of spirit

                   liquor, raided the line hotel near Rewa Ghat Bridge, those

                   present tried to escape, one Vinay Kumar @ Lal Sah was

                   apprehended and on his disclosure a traveler four wheeler was

                   intercepted. This led to recovery/seizure of 960 liter spirit liquor.

                   It was informed by the driver that it belongs to Ahishek Nishad.

                   On further interrogation those apprehended informed that this
Patna High Court CR. MISC. No.25858 of 2026(2) dt.22-04-2026
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          petitioner is part of the team which are indulged in the business

          of spirit liquor and his wife is also involved in the case. This led

          to the FIR.

                       4. Learned counsel for the petitioner submits that only

          allegation against her is that her husband, Lal Sah @ Vinay

          Kumar was apprehended and he gave the name of his

          accomplice which included his own wife (petitioner herein). He

          further submits that she being a house wife has no role play, the

          Police in its custody forced him to confess the name of the wife

          and she do not have any criminal antecedent.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that his

          own husband has named her.

                       7. Taking into account the submissions of the parties
Patna High Court CR. MISC. No.25858 of 2026(2) dt.22-04-2026
                                            3/4




          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from her conscious

          possession, is a lady, FIR lodged and she will be facing the trial,

          in that background, this Court is inclined to extend her the

          privilege of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Special Exclusive Excise Court No. 03

          Saran at Chapra/Court concerned in connection with Parsa P.S.

          Case No. 97 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date
          Patna High Court CR. MISC. No.25858 of 2026(2) dt.22-04-2026
                                                      4/4




                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of her

                    bail bond by the Trial Court itself;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of her bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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