Patna High Court
Reena Devi @ Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
Reena Devi applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged possession of 34 litres of liquor in a half‑constructed house. The petitioner, a woman with two prior excise cases, argued that the liquor was not in her conscious possession and that the recovery was based on secret information without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of her criminal antecedents. If more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the circumstances of the alleged recovery justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- provisional bail
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89312 of 2025
Arising Out of PS. Case No.-575 Year-2023 Thana- SHASTRINAGAR District- Patna
======================================================
Reena Devi @ Rina Devi D/o Nirmal Manjhi, W/o Dinesh Manjhi R/o
Village- Maurya Path Masaurhi, P.S- Shastri Nagar, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhoy Kumar Kashyap, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
is a woman and allegation is of recovery of 34 litres of liquor
from half constructed thatched house of the petitioner. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from her conscious possession and even
alleged recovery is from a house which was under construction
where no one was staying but then was accessible to villagers at
large and it appears that someone inimical to the family
Patna High Court CR. MISC. No.89312 of 2025(3) dt.31-01-2026
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concealed meager amount of liquor with an intent to implicate
the entire family but then petitioner came to be implicated based
on secret information which is the easiest way to implicate
someone without holding a proper investigation moreso when
petitioner carries antecedents under the Excise Act. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise-II, Patna in connection with Shastri Nagar P.S.
Case No.575 of 2023, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.89312 of 2025(3) dt.31-01-2026
3/3
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed her antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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