Patna High CourtCR. MISC./40530/2025bail granted

Rinku Devi v. The State Of Bihar

2025-06-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40530 of 2025 Arising Out of PS. Case No.-563 Year-2023 Thana- ATRI District- Gaya ====================================================== Rinku Devi Wife of Arjun Chaudhary Resident of Village- Lodhawe (Koriya), P.S.- Gurpa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Atri P.S. Case No. 563 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, vide order dated 04.07.2024 passed in Cr. Misc. No. 39961 of 2024, the petitioner was granted the privilege of anticipatory bail with the condition that trial court shall not accept the bail bonds of the petitioner if it is found that petitioner has criminal antecedent of even one case. However,

Patna High Court CR. MISC. No.40530 of 2025(2) dt.26-06-2025 2/3 the said condition was not fulfilled and, therefore, by way of present application, the petitioner prays for regular bail.

4. The prosecution case, in short, is that total 10 litres of liquor has been recovered from the house of the petitioner.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner where other family members of the petitioner also reside. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 04.05.2025 and has four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40530 of 2025(2) dt.26-06-2025 3/3 below/concerned Court in connection with Atri P.S. Case No. 563 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T