Patna High CourtCR. MISC./12090/2026bail granted

Rekha Devi v. The State Of Bihar

2026-02-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12090 of 2026 Arising Out of PS. Case No.-239 Year-2025 Thana- BARBIGHA District- Sheikhpura ====================================================== Rekha Devi W/O Late Rasodadhi @ late Raso Dharhi @ late Raso Ram R/o - Mirjapur, P.S - Barbigha, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barbigha P.S. case No. 239 of 2025 instituted for the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 10 liters liquor and other manufacturing articles were recovered from the house of the petitioner and the petitioner was arrested on spot.

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

Patna High Court CR. MISC. No.12090 of 2026(2) dt.23-02-2026 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is a lady. The petitioner is in custody since 31.12.2025 and has got two criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. case No. 239 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.12090 of 2026(2) dt.23-02-2026 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T