Patna High Court
Rajni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bond and a condition for possible cancellation if a prior offence under the Act is later discovered.
Summary
The petitioner, Rajni Devi, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, after a raid recovered 82.605 litres of liquor from premises behind her house. She contended that she was falsely implicated, asserting that no incriminating article was found in her possession or residence and that she has no prior criminal record. The prosecution opposed bail, relying on the seizure of liquor and the allegations in the FIR. The Court considered the seriousness of the allegations, the duration of her custody since 26 February 2026, and her clean antecedent. Finding no material reason to deny bail, the Court ordered that she be released on a bail bond of Rs.10,000 with two sureties, subject to a condition that bail may be cancelled if a prior offence under the Act is discovered. The order thus granted regular bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act, 2016 despite the seizure of liquor from premises associated with her.
- Whether the absence of incriminating material in the petitioner’s possession and her clean criminal record justify bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- liquor seizure
- false implication
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29286 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Rajni Devi W/O Shailendra Yadav @ Shailendra Kumar Yadav R/O Village-
Siswa Barhi, Ward No.05, P.S - Phulparas, District - Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise Jhanjharpur P.S.
Case no.44 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on a secret information
having been received and a raid being conducted, a total of
quantity of 82.605 litres of liquor was recovered from different
places behind the house of the petitioner as also concealed under
the heap of straw.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from the petitioner’s
possession or from her house. She is in custody since 26.2.2026
and has no criminal antecedent.
Patna High Court CR. MISC. No.29286 of 2026(2) dt.07-05-2026
2/2
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner having remained in custody since
26.2.2026 and her not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Excise Jhanjharpur P.S. Case no.44 of 2026 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani
on the following condition :
(I) In case it transpires that the petitioner has
antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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