Patna High Court – Orders
Rekha Devi vs The State Of Bihar on 19 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38139 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- BETTIAH CITY District- West
Champaran
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Rekha Devi W/O Late Vikki Malik Resident of Vill- Naurangabagh, P.S.-
Bettiah Town, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-06-2025
Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Shyam Bihari Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending her arrest
connection with Bettiah Town P.S. Case No. 164 of 2025, F.I.R.
dated 11.04.2025 registered for the offences punishable under
Sections 30(a)/37 of the Bihar Prohibition & Excise Act.
3. Recovery is of 10 liters of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and she has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.38139 of 2025(2) dt.19-06-2025
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He further submits that it appears from the F.I.R. as well as
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather recovery has been made
behind the house of the petitioner and the petitioner has no
concerned at all with the alleged recovery of illicit liquor and
she has been made accused merely on the basis of suspicion and
except the suspicion, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence. Therefore, the recovery cannot be attributed
to the petitioner. There is non-compliance with mandatory
procedure prescribed for recovery under Section 100 of Cr. P.C./
Section 103 of BNSS, 2023 No case, whatsoever, would be
made out against the petitioner under the Bihar Prohibition and
Excise Act.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for anticipatory bail of the
petitioner referring the provision contained in Section 76(2) of
the Bihar Prohibition and Excise Act and submitted that the pre-
arrest bail would not be maintainable.
6. This court is aware of the decision of the Full
Bench in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019(2) P.LJ.R. 1089. Having regard to the law laid
Patna High Court CR. MISC. No.38139 of 2025(2) dt.19-06-2025
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down in the aforesaid judgment and the submission advanced on
behalf of the parties, this Court, for the limited purpose of grant
of anticipatory bail, is inclined to accept the submission of
counsel for the petitioner.
7. Considering the aforesaid facts that the petitioner
having clean antecedent and nothing has been recovered from
conscious possession of the petitioner and she has been made
accused on the basis of suspicion, let the petitioner, above
named, in the event of 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 learned Exclusive Special Judge,
Excise- 1st, Bettiah, West Champaran in connection with
Bettiah Town PS. Case No. 164 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS, 2023 and with
other following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.38139 of 2025(2) dt.19-06-2025
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2. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
3. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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