Patna High Court

Rina DeviversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court held that anticipatory bail should be granted as the recovery does not prima facie demonstrate conscious possession by the petitioner and she is a lady of clean antecedent.

Summary

Rina Devi was named in an FIR for allegedly possessing 20 litres of illicit liquor and engaging in illegal trade under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for anticipatory bail, contending that the liquor was recovered from a courtyard shared by several family members and that she had no conscious possession, further asserting that the case stemmed from personal enmity. The State opposed the bail. The Court examined the factual submissions and noted the lack of evidence of her conscious possession and her clean antecedent. Relying on Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the Court granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties of equal amount, to be surrendered within four weeks. The order was directed to the Exclusive Special Judge, Excise Court‑II, Bettiah, West Champaran.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the alleged possession of illicit liquor.
Whether the seizure of liquor establishes conscious possession by the petitioner.
Whether the petitioner’s clean antecedent and alleged enmity justify the grant of bail.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
possession
clean antecedent
enmity
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9562 of 2026
                  Arising Out of PS. Case No.-489 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Rina Devi, W/o Chankishor Mukhiya @ Chandrakishor Mukhiya, R/o Kalya
                 Barharwa, P.S.- Yogapatti, District- West Champaran
                                                                            ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026               Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2. The accused-petitioner named in the F.I.R.

                   and apprehending her arrest in connection with

                   Yogapatti P.S. Case No.489 of 2025 registered for

                   the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to

                   have in possession of 20 liters of illicit liquor and

                   engaged in illegal trading/manufacturing of illicit

                   liquor.

                             4. Learned counsel appearing on behalf of

                   the petitioner submitted that alleged recovery of

                   illicit liquor was not made from conscious physical
Patna High Court CR. MISC. No.9562 of 2026(2) dt.17-02-2026
                                            2/3




          possession of petitioner rather same was made

          from courtyard of house, which was occupied by

          several family members. It is submitted that

          petitioner has been implicated with present case

          due to enmity. It is submitted that seizure list was

          not supported by independent witness rather same

          was supported by police personnel. The petitioner

          is a lady of clean antecedent.

                   5. Learned A.P.P. for the State has opposed

          the prayer for anticipatory bail of the petitioner.

                   6.         In     view      of     the     aforesaid   factual

          submissions and by taking note of the fact as

          recovery of illicit liquor prima-facie not appears to

          be made from conscious physical possession of

          this petitioner, who is a lady of clean antecedent,

          accordingly, above-named petitioner, in the event

          of her arrest/surrender within a period of four

          weeks from this order, is directed to be enlarged

          on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) with two sureties of the like

          amount         each        to    the      satisfaction    of    learned

          Exclusive Special Judge, Excise Court-II, Bettiah,
          Patna High Court CR. MISC. No.9562 of 2026(2) dt.17-02-2026
                                                      3/3




                    West Champaran/concerned court in connection

                    with Yogapatti P.S. Case No.489 of 2025, subject to

                    the conditions as laid down under Section 438(2) of

                    the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                    Suraksha Sanhita (in short “B.N.S.S.”).


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T

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