Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 41(1)
- Bihar Negotiable Securities Act — s. 482(2)
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
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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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