Reena @ Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43890 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- SIMRI District- Buxar ====================================================== Reena @ Reena Devi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2026 Heard the parties.

2. The petitioner is apprehending arrest in connection with Simri P.S. Case No. 107 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 11.05.2026 by the informant, Shyamdeo Yadav.

3. As per the prosecution story, the informant alleged that during patrolling, house was raided and though accused managed to escape, there is recovery/seizure of 01 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that she is house-wife having no role to play in the matter and only because of local enmity, got implicated.

5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in

Patna High Court CR. MISC. No.43890 of 2026(2) dt.08-07-2026 2/3 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 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 opposes the prayer.

7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from her conscious possession, in that background, this Court is inclined to extend her the privilege of anticipatory bail.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court 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 the like amount each in connection with Simri P.S. Case No. 107 of 2026 to the satisfaction of learned Exclusive Special Excise Court No.02, Buxar subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family

Patna High Court CR. MISC. No.43890 of 2026(2) dt.08-07-2026 3/3 member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) 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 his 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 his bail bonds. (Rajiv Roy, J) Ravi/-Ankita U T