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Patna High Court

Rinku DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding insufficient material evidence and doubtful allegations against her.

Summary

Rinku Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing and selling illicit country-made liquor. Police raided an open field near her house and recovered 13 litres of liquor, with local witnesses naming her as involved. The petitioner contended she had no involvement, the recovered liquor was not on her property, and identification was unreliable; she also highlighted the absence of any incriminating material seized from her. The State argued she had a prior similar antecedent. The court, noting the doubtful nature of the allegation, lack of material evidence against her, and her status as a woman, granted her bail on condition of a bond and sureties, subject to Section 482(2) of the B.N.S.S. and attendance requirements.

Issues considered

  • Whether the petitioner can be granted bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of identification and recovery.
  • Whether the evidence recovered from an open field not belonging to the petitioner is sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • identification
  • Section 30(a)
  • Section 482(2)
  • criminal procedure
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27499 of 2026
                        Arising Out of PS. Case No.-21 Year-2024 Thana- PANAPUR District- Saran
                 ======================================================
                 Rinku Devi Wife of Jaleshwar Nat R/O Vill.- Bagdiha, P.S.- Panapur, District-
                 Saran at Chapra
                                                                             ... ... 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.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Panapur P.S. Case No. 21 of 2024

                   registered for the alleged offences under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                03. As per prosecution case, police received secret

                   information that petitioner has stored illicit liquor and is selling

                   it. A raid was conducted and a large crowd was found assembled

                   at the identified place who started running away on seeing the

                   police party. One person who had been running away left behind

                   a polythene bag and bottles. Recovery of two polythenes of 5

                   litre each containing country made spirit liquor and two plastic

                   bottles containing 2 litre and 1 litre country made liquor was

                   made, as such recovery of total 13 litres of country made liquor
Patna High Court CR. MISC. No.27499 of 2026(2) dt.01-05-2026
                                            2/3




          was made. The local chowkidar and other persons who

          assembled there named this petitioner for being involved in the

          illicit trade of liquor.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. She has no involvement in the whole occurrence. The

          recovery has been made from a field situated west of the house

          of the petitioner and it is an open place accessible to all and the

          said place does not belong to the petitioner. Therefore for any

          recovery from such place, the petitioner cannot be made liable.

          Even the identification of the petitioner is not without blemish

          as she has been named in this case on the statement of local

          chowkidar and by some person without naming them. Petitioner

          has antecedent of one case.

                       05. Learned A.P.P. for the State opposes the

          submission made on behalf of the learned counsel for the

          petitioner. Learned A.P.P. submits that the petitioner is having

          antecedent of similar kind.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          fact that petitioner is a lady and nothing incriminating has been

          recovered from her person or possession and further considering
             Patna High Court CR. MISC. No.27499 of 2026(2) dt.01-05-2026
                                                         3/3




                       doubtful nature of allegation against her and also considering

                       absence of material for application of the Bihar Prohibition and

                       Excise act against the petitioner, let the petitioner above named,

                       in the event of his arrest or surrender before the court concerned

                       within a period of eight weeks from today, be released on bail,

                       on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand

                       Only) each with two sureties of the like amount each to the

                       satisfaction of Court of learned Exclusive Special Excise Judge-

                       2, Saran at Chapra in connection with Panapur P.S. Case No. 21

                       of 2024, subject to the condition laid down under Section 482(2)

                       of the B.N.S.S. and other following conditions:

                                                       (i) One of the bailors will be a

                                                       close relative of the petitioner.

                                                       (ii) The petitioner will remain

                                                       present on each and every date

                                                       fixed by the court below, if so

                                                       required by the learned trial

                                                       court.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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