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Patna High Court

Rubi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Rubi Devi, sought bail after apprehending arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 42 litres of Nepali desi soufi liquor were recovered from the co-accused's courtyard. She contended that she was falsely implicated, had no incriminating material in her possession, and possessed a clean antecedent. The State opposed bail. The Court, noting her clean antecedent, the lack of direct evidence against her, and the circumstances, ordered that she be released on bail if arrested or surrendered within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of incriminating material justify bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30
  • Section 482
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30083 of 2026
                     Arising Out of PS. Case No.-156 Year-2024 Thana- KALUAHI District- Madhubani
                 ======================================================
                 Rubi Devi W/o Manoj Chaudhary Resident of Village- Malmal, East Tol, P.S.-
                 Kaluahi, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :       Ms. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-05-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. As per F.I.R., total 42 liters of Nepali desi soufi

                   leaker was recovered from courtyard of co-accused Manoj

                   Chaudhary.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case on secret information. No incriminating material has been

                   recovered from the conscious possession of this petitioner.

                   Petitioner is lady and claims clean antecedent.

                                5. Learned A.P.P. for the State has opposed the bail
            Patna High Court CR. MISC. No.30083 of 2026(2) dt.11-05-2026
                                                        2/2




                      petition.

                                   6. Considering the aforesaid facts , clean antecedent

                      of this petitioner & circumstances, let the above named

                      petitioner, in the event of arrest/surrender within a period of

                      eight weeks from today, be enlarged on bail on furnishing bail-

                      bonds of Rs. 10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Exclusive Special

                      Judge, Excise, Madhubani in connection with Kaluwani P.S.

                      Case No. 156 of 2024, subject to condition as laid down under

                      Section 482(2) of the B.N.S.S., 2023.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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