Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48206 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- MAHNAR District- Vaishali ====================================================== Rinku Devi W/o Asha Devi R/o Village - Ward No-20, Deshrajpur, P.S.- Mahnar, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aniket Singh, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mahnar P.S. Case No. 28 of 2026, F.I.R dated 20.01.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, on 20.01.2026 at about 5:15 PM, while on routine patrolling duty, the informant, a police officer posted at Mahnar Police Station, received secret information that Santosh Chaudhary and his wife, Rinku Devi, were illegally manufacturing and selling country-made liquor from their house at Village Deshrajpur. Acting on the
2/4 information, the police conducted a raid at the accused's house. Upon reaching the premises, some persons fled away and could not be apprehended. During the search, the police allegedly recovered 4 litres of country-made liquor and 40 litres of fermented Jawa-Gur mixture used for manufacturing illicit liquor. The recovered liquor was seized, while the fermented mixture was destroyed at the spot as per procedure. A seizure list was prepared, and on the basis of the informant's statement, the present FIR was instituted against the accused persons.
4. Learned counsel for the petitioner submits that the co-accused, namely Santosh Chaudhary, who is the husband of this petitioner has already been apprehended. It is the case of the petitioner that she is in no way connected with the recovered illicit articles and as also with the alleged offense for which the instant F.I.R. is said to have been registered. It is also submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application in respect of the petitioner.
6. Considering the fact that the co-accused has already been apprehended and the petitioner is in no way connected with the seized articles and having clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to
3/4 the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with aforesaid P.S. Case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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; (iv) the petitioner(s) shall desist from committing any criminal offence again,
4/4 failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) surya/- U T