Rinku DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42783 of 2026
                 Arising Out of PS. Case No.-125 Year-2026 Thana- EXCISE BENIPUR District- Darbhanga
                 ======================================================
                 Rinku Devi W/o Late Arun Kumar Mahto @ Arun Mahto Resident of Village-
                 Bahera, Ward No. 4, P.S.- Bahera, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr.Rohit Kumar, Advocate
                                         :       Mr.Manish Kumar No 13, Advocate
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                      Heard Mr.Rohit Kumar, learned counsel for the

                   petitioner and Ms.Veena Kumari Jaiswal, learned A.P.P. for the

                   State.

                                 2. The petitioner seeks bail, who is in custody since

                   13.05.2026 in connection with Excise Benipur P.S. Case No.

                   125/2026, F.I.R. dated 13.05.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2018.

                                 3. Recovery is of 11 liters of country made liquor.

                                 4. Learned counsel appearing for the petitioner

                   submits that the petitioner has falsely been implicated in the

                   present case. From a bare perusal of the FIR it appears that the

                   petitioner has been made accused in the present case merely on
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          the basis of suspicion and in the present case 11 liters of country

          made liquor was recovered from the Hut in question and the

          seizure list witnesses are police personnel so there is non-

          compliance of Sections 103/105 of BNSS, 2023 and the

          petitioner is in custody since 13.05.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          three more cases other than the present one of similar nature but

          he fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact and there is non-

          compliance of Sections 103/105 of BNSS, 2023, let the

          petitioner, above named, 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 learned Exclusive Special

          Excise Court-I, Darbhanga in connection with Excise Benipur

          P.S. Case No. 125/2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
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                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T