Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even though Section 76(2) bars bail, provided the allegations do not amount to an offence and the petitioner has no material possession of the contraband.
Summary
Rekha Devi, a housewife, sought anticipatory bail after being implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act for alleged liquor sale. The FIR alleged that liquor was seized from premises linked to her and Pappu Paswan, but no liquor was recovered from her personal possession. The petitioner argued she had no role and relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is established. The State opposed, contending she was involved with Pappu Paswan. The Court, considering the lack of material possession and the precedent, granted anticipatory bail with specific conditions and a bond requirement. The order directs that bail be released if she is arrested or surrenders within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the allegations do not constitute an offence?
- Whether the petitioner’s alleged association with the accused Pappu Paswan warrants denial of anticipatory bail?
- Does the absence of seizure from the petitioner’s conscious possession justify granting anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- liquor seizure
- housewife
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30119 of 2026
Arising Out of PS. Case No.-139 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Rekha Devi W/O Late Ramchandra Paswan Resident of Village- Amghatta,
Ward No. 35, P.S. and Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner through virtual
mode and the State.
2. The petitioner is apprehending her arrest in
connection with Sitamarhi P.S. Case No. 139/2026 for the offence
under sections 30(a) of the Bihar Prohibition and Excise Act
lodged on 01.03.2026 by the informant, Ravikant Kumar.
3. As per the prosecution story, the informant alleged
that on secret information about selling of liquor by Pappu Paswan
and this petitioner, the place was raided and there is
recovery/seizure of 18.750 liters of liquor from one sack and 6.660
liters of liquor from the another beside further 9 liters totalling
34.350 liters of liquor recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that she
being the housewife, got implicated, no role has been played by
her and nothing has been recovered from her conscious
Patna High Court CR. MISC. No.30119 of 2026(2) dt.18-05-2026
2/3
possession.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that her
role has also come along with Pappu Paswan.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from her conscious
possession and the petitioner is a lady, in that background, this
Court is inclined to extend her the privilege of anticipatory bail
with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Judge Exclusive Excise Court No. II, Sitamarhi
in connection with Sitamarhi P.S. Case No. 139/2026 subject to the
Patna High Court CR. MISC. No.30119 of 2026(2) dt.18-05-2026
3/3
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.