Patna High Court
Rina DeviversusThe Sate of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as a prima facie case exists.
Summary
Rina Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 7 litres of illicit liquor recovered from bushes, an open public area. She applied for pre‑arrest bail, asserting that she was innocent and that the liquor could have been accessed by anyone. The State opposed the bail. The High Court, after reviewing the FIR and the circumstances of the recovery, held that a prima facie case existed for granting bail. Accordingly, the court ordered her release on pre‑arrest bail, subject to a Rs.10,000 bond, two sureties of equal amount, and verification of her criminal antecedents. The bail order would lapse if she is found to have other pending cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the fact that the illicit liquor was recovered from an open public space affects the grant of bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- open public space
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38723 of 2026
Arising Out of PS. Case No.-187 Year-2026 Thana- PANAPUR District- Saran
======================================================
Rina Devi W/O Mokhatar Mahato R/O Village - Rampur Rudra, P.S- Panapur,
District - Saran at Chhapra
... ... Petitioner/s
Versus
The Sate of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijaya Laxmi Srivastawa, Advocate
For the Opposite Party/s : Ms.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Panapur P.S. Case No. 187/2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 7 litres of
illicit liquor was recovered from the bushes.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that recovery of illicit liquor has been made from
the bushes which is an open space and is easily accessible by
anyone. Petitioner has no concern either with the place of
Patna High Court CR. MISC. No.38723 of 2026(2) dt.17-06-2026
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recovery or with the alleged sized liquor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
FIR, coupled with the fact that the alleged recovery of illicit
liquor was effected from the bushes, which is an open space and
easily accessible by anyone, I am of the opinion that petitioner,
has, prima facie, made out a case to be released on pre-arrest
bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of her arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Panapur P.S. Case No. 187/2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
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stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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