Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that anticipatory bail could not be granted as the petitioner appeared likely to be involved in the alleged contravention of the Bihar Prohibition and Excise Act.
Summary
Rinku Devi, the petitioner, feared arrest in connection with a Panapur police case alleging contravention of Section 30(a) of the Bihar Prohibition and Excise Act for storing illicit country-made liquor. The prosecution claimed that a raid on her residence recovered 27 litres of such liquor based on secret information. The petitioner contended she was innocent, asserting that nothing incriminating was found on her person or in her possession during the raid and that she had been falsely implicated. The State opposed, suggesting she was involved in similar offences previously. After considering the facts and the nature of the allegation, the court declined to grant anticipatory bail, finding the petitioner's request untenable. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offence under the Bihar Prohibition and Excise Act
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27748 of 2026
Arising Out of PS. Case No.-182 Year-2023 Thana- PANAPUR District- Saran
======================================================
Rinku Devi Wife of Jaleshwar Nut 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.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending her arrest in connection with Panapur P.S. Case
No. 182 of 2023 registered for the offences under Section 30(a)
of Bihar Prohibition and Excise Act.
3. As per prosecution case, police received secret
information about petitioner and other co-accused persons
storing illicit country made liquor in their house, a raid was
conducted and from the house of the petitioner, recovery of 27
litres of country made illicit liquor was made.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner when the raid was being
conducted. The petitioner has antecedent of one case of similar
Patna High Court CR. MISC. No.27748 of 2026(2) dt.30-04-2026
2/2
nature.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
appears to be indulging in similar type of offence.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation, I am not inclined to enlarge the petitioner
on anticipatory bail and hence, her prayer for anticipatory bail is
rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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