Rina Devi v. The State Of Bihar

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 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