Reeta Devi @ Rekha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Reeta Devi @ Rekha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail upon arrest or surrender before the learned District Court within four weeks, on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (Excise), Araria/successor court, subject to Section 482(2) BNSS conditions; order lapses automatically if adverse criminal antecedents are verified.

Issue for consideration

Whether the petitioner, arrayed in Forbesganj P.S. Case No. 716 of 2024 registered under Section 30(a) and 37(2) of the Bihar Prohibition and Excise Act, 2022 (Amended), should be granted pre-arrest bail. +1 more

Court's answer

Granting pre-arrest bail, the court took into account the rival submissions and the fact that the petitioner was not present at the relevant point of time of seizure.

Ratio / Principle

Terms of release: upon arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (Excise), Araria/successor court, in connection with Forbesganj P.S. Case No. 716 of 2024, subject to the condition laid down under Section 482(2) of the BNSS.

Key takeaways

The District Court is directed to verify the petitioner's criminal antecedent; if she is found involved in some other cases beyond those stated in Para 3 of the bail petition, this order will automatically lose its force.ratio¶20

Detailed headnote1 paragraphs

Pre-arrest bail — Bihar Prohibition and Excise Act, 2022 (Amended), Ss. 30(a), 37(2) — Patna High Court granted pre-arrest bail to the petitioner in Forbesganj P.S. Case No. 716 of 2024, in which 31 litres of country-made liquor was allegedly recovered from her house. Weighing the rival submissions and the fact that the petitioner was not present at the relevant point of time of seizure (which cast doubt on the recovery), the court directed her release upon arrest or surrender before the District Court within four weeks, on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge (Excise), Araria/successor court, subject to the condition under Section 482(2) of the BNSS. The District Court was further directed to verify her criminal antecedent, and the order was made to lapse automatically if involvement in other cases beyond those declared in Para 3 of the bail petition were found. (Purnendu Singh, J; oral order dated 01-05-2025.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 22351 of 2025

Arising Out of PS. Case No.-716 Year-2024 Thana- FORBESGANJ District- Araria

======================================================

Reeta Devi @ Rekha Devi W/o Late- Bindeshwari Mandal R/o VillageBhagkoliya Ward No 01, P.S- Forbesganj, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhav Jha, Advocate For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 01-05-2025

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

The petitioner seeks pre-arrest bail in connection

with Forbesganj P.S.Case No.716 of 2024, registered for the offence punishable under Section 30(a) and 37(2) of the Bihar Prohibition and Excise Act, 2022 (Amended).

As per the allegation made in the FIR, 31 ltrs. of country-made liquor was recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has been falsely implicated in the case. Learned counsel further submitted that at the relevant point of time when the seizure was effected, the petitioner was not present, as such, the recovery of the liquor from the house of the petitioner creates doubt. The

Patna High Court CR. MISC. No. 22351 of 2025(2) dt.01-05-2025 2/2

petitioner has clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that at the relevant point of time of seizure, the petitioner was not present, the petitioner, above named, is directed to be released on prearrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise 1^st , Araria/successor court in connection with Forbesganj P.S.Case No.716 of 2024 , subject to the condition as laid down under Section 482(2) of the BNSS.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J)

chn/- U T