Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond, sureties, and a condition to deposit Rs. 25,000 in a charitable institution.
Summary
Rina Devi, a woman from East Champaran, faced arrest in a case involving 40 litres of illicit liquor under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. She claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt, asserting no prior criminal record. The court, noting the modest quantum of the seizure and her gender, allowed her bail application. Bail was conditioned on a bond of Rs. 10,000 with two sureties, compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and the deposit of the Rs. 25,000 donation to Ramakrishna Mission Ashram with proof of receipt. The order directed the lower court to release her on bail if she surrenders within four weeks, subject to verification of the donation receipt.
Issues considered
- Whether bail can be granted to the petitioner under Section 438(2) of the CrPC and Section 482 of the BNSS in a case of illicit liquor possession.
- Whether the condition of a charitable donation can be imposed as a term of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- women
- Section 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37830 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
Rina Devi W/o- Mukesh Manjhi Resident of village- Jaishinghpur Anhari
Tola, P.S.- Turkauliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Turkauliya P.S. Case No. 128 of 2026
registered for the offence under Sections 274 and 275 of the
BNS and under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
40 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37830 of 2026(2) dt.16-06-2026
2/2
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Considering the quantum of recovery and the
fact that the petitioner is a woman, this application is allowed.
7. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Turkauliya P.S. Case No. 128 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.