Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bond, sureties, and verification of her antecedents.
Summary
The petitioner, Rinku Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 45 litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was unaware of the misuse of her vehicle by a third party, and that no evidence linked her directly to the offence. The State opposed the bail, contending that the vehicle's ownership implicated her. The Court granted provisional anticipatory bail, subject to a modest bond, two sureties, and a six‑week window for surrender, with a condition that the trial court verify her antecedents. If any prior case is discovered, the bail will be revoked; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act given her ownership of the vehicle used in the alleged offence
- Whether the petitioner’s clean antecedent and lack of direct involvement justify granting anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38839 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- KHIRHAR District- Madhubani
======================================================
Rinku Devi W/O Ashok Sahani R/O Village- Ghat Bhatra, PS- Bisfi, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 45 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and she came to
be implicated based on the fact that she is owner of the seized
vehicle. It is next submitted that no prudent person would use
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.38839 of 2026(2) dt.18-06-2026
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create evidence against herself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Rajeev would misuse the vehicle in the manner as alleged
who was also apprehended from the spot. It is also submitted
that it is not the case of the prosecution that they saw a woman
fleeing from the place of occurrence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Khirhar
P.S. Case No. 26 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
Patna High Court CR. MISC. No.38839 of 2026(2) dt.18-06-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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