Patna High Court
Rinku deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, finding no prima facie evidence of the petitioner's possession of the illicit liquor.
Summary
The petitioner, Rinku Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 86.040 litres seized. She contended that the liquor was recovered from an open field and that she had no conscious possession, arguing that only her ownership of a motorcycle found at the site linked her to the crime. The prosecution opposed her anticipatory bail, asserting her involvement. The court observed that the seizure did not prima facie establish possession by the petitioner and noted her clean antecedent. Consequently, the court directed that she be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the alleged seizure of illicit liquor does not establish conscious possession by the petitioner.
- Whether ownership of a vehicle found at the seizure site is sufficient to implicate the petitioner under the Bihar Prohibition and Excise Act.
- Whether the lack of independent witnesses to the seizure list affects the grant of bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43573 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- BAHERA District- Darbhanga
======================================================
Rinku devi, W/o- Ratan Kumar Yadav, R/o- Parul, Post- Rasidpur, PS-
Alinagar, District - Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Prerna, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending her arrest in connection with Bahera P.S. Case
No.234 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 86.040 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a field, which is an open place accessible to the general
Patna High Court CR. MISC. No.43573 of 2026(2) dt.03-07-2026
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public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioner. It is further submitted that the petitioner has
been implicated in the present case because she is the
registered owner of the motorcycle bearing Registration No.
BR07BH-0114 which was found parked in the field, from
where the alleged illicit liquor was seized. Apart from the
ownership of the said motorcycle, no incriminating material
has been brought on record to establish the petitioner’s
involvement or conscious possession of the alleged
contraband. It is also pointed out that seizure list appears
doubtful being not supported by independent witnesses
rather than by police personnel. The petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
Patna High Court CR. MISC. No.43573 of 2026(2) dt.03-07-2026
3/3
lady of clean antecedent, in the event of her arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge-II (Excise Act), Darbhanga
in connection with Bahera P.S. Case No.234 of 2026,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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