Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
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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