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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner, directing release upon furnishing a bond and sureties.

Summary

The petitioner, Renu Devi, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. The seized 60 litres of mahua liquor was recovered from the residence of a co‑accused, not from the petitioner's physical possession. The petitioner, a woman, sought bail, arguing lack of conscious possession and that the accusation was politically motivated. The State opposed bail. The High Court observed that the recovery did not prima facie establish possession by the petitioner and, considering her gender, directed that she be released on bail upon furnishing a Rs.10,000 bond with two sureties, invoking its inherent powers under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for offences under the Bihar Prohibition and Excise Act.
  • Whether the recovery of illicit liquor establishes conscious physical possession by the petitioner.
  • Whether the High Court can exercise its inherent powers under Section 482(2) to grant bail in this circumstance.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition act
  • conscious possession
  • gender consideration
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37118 of 2026
                         Arising Out of PS. Case No.-55 Year-2026 Thana- THALI District- Nawada
                 ======================================================
                 Renu Devi W/o Rajesh Rajbanshi Resident of Village- Madhopur, P.S.- Thali,
                 District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-06-2026                  Mentioning        for    urgent      hearing      was      allowed,

                   considering as petitioner is a lady.

                                2. Heard learned counsel appearing on behalf of

                   the petitioner and learned Additional Public Prosecutor

                   appearing on behalf of the State.

                                3. The accused/petitioner is named in FIR and

                   apprehending her arrest in connection with Thali P.S. Case

                   No. 55 of 2026 registered for the offences punishable under

                   Section 30(a)/41 of the Bihar Prohibition and Excise Act,

                   2016/Amendment Act, 2022.

                                4. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,
Patna High Court CR. MISC. No.37118 of 2026(2) dt.09-06-2026
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          where, there is recovery of 60 litres of IMFL/Mahua liquor

          from the place of occurrence.

                       5. Learned counsel appearing on behalf of the

          petitioner submitted that the alleged country made mahua

          liquor was recovered from the house of co-accused Hiralal

          Rajbanshi, who is the co-villager of the petitioner and out of

          inimical term, he named this petitioner who is lady. It is

          pointed out that admittedly recovery was not made from the

          conscious physical possession of this petitioner. Explaining

          criminal antecedent, it is pointed out that out of village

          politics, this petitioner was implicated in four criminal cases

          of similar nature, where she is on bail.

                       6. Learned APP opposed the prayer of bail.

                       7.     Considering         the      aforesaid   facts   and

          circumstances as recovery of illicit liquor prima facie not

          appears to be made from the conscious physical possession

          of this petitioner, who is a lady, accordingly, above named

          petitioner, in the event of her arrest or surrender before the

          learned trial Court, within a period of four weeks of the

          order, is directed to be released on bail furnishing bail bond
              Patna High Court CR. MISC. No.37118 of 2026(2) dt.09-06-2026
                                                          3/3




                        of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of the learned

                        Exclusive Special Excise Court No. I, Nawada/concerned

                        Court, where the case is pending in connection with Thali

                        P.S. Case No. 55 of 2026, subject to the conditions as laid

                        down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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