Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67612 of 2025 Arising Out of PS. Case No.-538 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Rinku Devi W/O Late Jitendra Sah Resident of Village- Naviganj, P.SBarharia, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise P.S. Case No. 538 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., recovery of total 81 litres of country made liquor has been made which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. Petitioner was arrested on the spot but nothing has been recovered from his conscious possession and he has no concern with the alleged recovery. The recovery has been made from an open place which is easily accessible to public. Learned counsel further submits that
Patna High Court CR. MISC. No.67612 of 2025(2) dt.24-09-2025 2/2 nothing reliable or cogent material came against the petitioner nor any independent witness came forward to support the allegation. Petitioner is in custody since 21.08.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody as well as clean antecedent of petitioner as mentioned in the para 3rd of bail petition, let the petitioner, above named, 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 learned Exclusive Special Judge, Excise Court No. II, Siwan in connection with Siwan Excise P.S. Case No. 538 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T