Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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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