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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions.

Summary

Renu Devi, a housewife, sought anticipatory bail after police raided her home and seized five litres of country‑made liquor, leading to an FIR under section 30(a) of the Bihar Prohibition and Excise Act. The State opposed, arguing the house belongs to her and invoking the bar under section 76(2) of the Act. The Court relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail where the FIR does not disclose a cognizable offence despite the statutory bar. Considering the petitioner’s lack of criminal antecedent and the precedent, the Court granted anticipatory bail with a cash bond and several conditions, reserving the right to cancel if she is found to have prior offences or violates the conditions. The order remains effective for four weeks from receipt, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2).
  • Whether the facts alleged in the FIR constitute an offence under section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner is entitled to bail given her status as a housewife with no criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • seizure of liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35416 of 2026
                      Arising Out of PS. Case No.-138 Year-2026 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Renu Devi Wife of Dinesh Chaudhary Resident of Village- Gosai Tola Ward
                 No. 21, P.S. Kawaiya, District- Lakhisarai
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        None
                 For the Opposite Party/s :        Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                  No one appears on behalf of the petitioner though

                   learned State counsel is present through virtual mode.

                                2. The petitioner is apprehending her arrest in

                   connection with Kawaiya P.S. Case No. 138 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police on secret

                   information, raided the home of the petitioner and there is

                   recovery/seizure of 5 liters of country-made liquor kept in an

                   utensil. This led to the FIR.

                                4. As per the petition, she is housewife and has no role

                   to play in it and she do not have any criminal antecedent.

                                5. This Court further 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
Patna High Court CR. MISC. No.35416 of 2026(2) dt.21-05-2026
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          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 the

          house belongs to the petitioner.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that she is a lady having no criminal antecedent, in that

          background, this Court is inclined to extend her the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the statement

          made in paragraph-3, the petitioner has criminal antecedent, the

          present order shall become infructuous.

                       9. 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 the concerned Court in connection with Kawaiya P.S. Case No.

          138 of 2026 subject to the 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;
          Patna High Court CR. MISC. No.35416 of 2026(2) dt.21-05-2026
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                                 (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 her 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 her bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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