Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Rekha Devi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of liquor were recovered from an open area behind her house. She claimed innocence, stating that no liquor was found in her possession, she has no criminal antecedent, and the alleged recovery site is publicly accessible. The petitioner also highlighted non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material, the petitioner’s clean record, the duration of custody since 8 October 2025, and the statutory non‑compliance, the Court inclined to grant bail, ordering release on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90284 of 2025
Arising Out of PS. Case No.-709 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Rekha Devi S/O Late Faqeer Ram @ Late Faqeera Ram Resident Of- PWD
Jhopparpatti, P.s.- Shastri Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asfar Imam, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shashtri Nagar P.S. Case No. 709 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 100 liters
liquor was recovered from open place behind the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.90284 of 2025(2) dt.12-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from an open place behind the house of the petitioner and
the same is easily accessible to the public at large. The petitioner
is in custody since 08.10.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shashtri Nagar P.S.
Case No. 709 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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