Rina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19109 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- EXCISE ARERAJ District- East Champaran ====================================================== Rina Devi, aged about 25 years, (Female, W/O - Vyas Yadav @ Byas Yadav R/o Ward No.09, Majhriya, Post- Bhawaliya, Areraj, P.S.- Malahi, DistrictEast Champaran, Bihar- 845425 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohd Rustam Hussain, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Mr. Mohd Rustam Hussain, learned counsel appearing on behalf of the petitioner and Mr. Shyam Bihari Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise (Areraj) P.S. Case No. 217/2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 27 litres of illicit liquor was recovered from a Toto vehicle, belonging to the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that
Patna High Court CR. MISC. No.19109 of 2025(2) dt.16-04-2025 2/3 petitioner is not named in the FIR but during investigation, petitioner has been made accused being the owner of the said vehicle. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and the said vehicle was being driven by her husband, which was hired by one co-accused Sanjay Kumar, who had kept some bags, filled with liquor without the knowledge of her husband. Petitioner, who is a lady, has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-02, East Champaran, Motihari, Bihar in connection with Excise (Areraj) P.S. Case No. 217/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No.19109 of 2025(2) dt.16-04-2025 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T