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Patna High Court

Rina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of antecedent.

Summary

The petitioner, Rina Devi, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for the alleged recovery of 20 litres of liquor from a location adjacent to her house. She contended that the liquor was not in her possession, that the recovery site did not belong to her, and that a disgruntled chowkidar had falsely implicated her to pressure her husband. The State opposed her request for anticipatory bail. The Court, noting her clean antecedent, gender, and the lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify her antecedent within six weeks. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether the alleged recovery of liquor constitutes sufficient grounds for arrest in the absence of possession.
  • Whether the petitioner’s clean antecedent and alleged false implication justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • false implication
  • clean antecedent
  • women
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39423 of 2026
                 Arising Out of PS. Case No.-126 Year-2024 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Rina Devi W/o Rakesh Manjhi R/o Vill-Majurahan, P.S-Raghunathpur, Dist-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar Singh
                 For the Opposite Party/s :       Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 Sections 30(a) and

                   41(1) 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 20 liters of liquor from a place

                   behind the house of the petitioner.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to her house and she came to be implicated
Patna High Court CR. MISC. No.39423 of 2026(2) dt.22-06-2026
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          at the instance of Chowkidar with whom her husbad is on an

          inimical term. It is also submitted that in order to coerce her

          husband into submission, the Chowkidar falsely implicated the

          petitioner.

                        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

          Raghunathpur P.S. Case No. 126 of 2024 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 Court, as such, the provisional
            Patna High Court CR. MISC. No.39423 of 2026(2) dt.22-06-2026
                                                        3/3




                      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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