Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- Criminal Procedure Code — s. 482(2)
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
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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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