Vinita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8628 of 2026 Arising Out of PS. Case No.-344 Year-2025 Thana- CHHATAPUR District- Supaul ====================================================== Vinita Devi W/o Jognarayan Sardar R/o Village- Hasanpur, Ward No.01, P.SChhatapur, Dist- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Verma, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2026 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Chhatapur P.S. Case No. 344 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police on secret information raided a hut and there is recovery/seizure of 25 liters of country-made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that it is a joint house and nothing has been recovered from her conscious possession and she do not have any criminal antecedent.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for
Patna High Court CR. MISC. No.8628 of 2026(2) dt.17-02-2026 2/3 anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that the locals have given the name of the lady.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the petitioner is a lady, having no criminal antecedent and nothing has been recovered from her conscious possession, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Supaul in connection with Chhatapur P.S. Case No. 344 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.8628 of 2026(2) dt.17-02-2026 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T