Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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;
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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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