Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87404 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- GADHPURA District- Begusarai ====================================================== Rinku Devi W/o Late Subodh Chaudhary R/o Village- Bhuidhara, P.SGarhpura, Dist- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Garhpura P.S. Case No. 117 of 2025 dated 19.10.2025 registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 15 litres of illicit liquor has been recovered from the conscious possession of the petitioner.
4. The main submissions advanced by the petitioner's counsel are that the petitioner is a lady, her past is completely clean, she never remained involved in the similar type of the allegation and the police have made the petitioner an accused
Patna High Court CR. MISC. No.87404 of 2025(2) dt.19-12-2025 2/3 mainly on the basis of the discloser made by the local Chowkidar which has no evidentiary value and further it is an admitted fact that the recovery was not made from the petitioner's house rather it is alleged to have been made behind the petitioner's house which is not sufficient to implicate the petitioner in connection with the recovery of the alleged liquor , hence, the alleged offence under which the FIR has been registered does not even prima facie attract against the petitioner, so, her prayer is not hit by the provision of Section 76(2) of the Excise Act. It is further submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 10.12.2025 in Cr. Misc. No. 83207 of 2025.
5. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that the recovery of the alleged liquor was made behind the petitioner's house.
6. In the facts and circumstances of the case and considering the above submissions, mainly petitioner's fair and clean antecedent and co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 10.12.2025 in Cr. Misc. No. 83207 of 2025, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the
Patna High Court CR. MISC. No.87404 of 2025(2) dt.19-12-2025 3/3 petitioner named-above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Garhpura P.S. Case No. 117 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ramesh Chand Malviya, J) Mayank/- U T