Rambha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rambha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, in the event of her arrest or surrender within eight weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. 2, East Champaran at Motihari in Aadapur P.S. Case No. 35 of 2025, subject to Section 482(2) of BNSS and the two conditions stated in the order.

Issue for consideration

Whether the petitioner, apprehending arrest in Adapur P.S. Case No. 35 of 2025 registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner, in the event of her arrest or surrender before the court concerned within a period of eight weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each.

Ratio / Principle

Grant rested on the facts and circumstances and the parties' submissions: the Court considered that no recovery had been shown from this petitioner, her clean antecedent, and the possibility of false accusation.

Key takeaways

Bail is to the satisfaction of the learned Exclusive Special Excise Court No. 2, East Champaran at Motihari, in connection with Aadapur P.S. Case No. 35 of 2025, and is subject to the condition laid down under Section 482(2) of BNSS and other conditions.ratio¶22
Condition (i): one of the bailors will be a close relative of the petitioner.ratio¶23
Condition (ii): the petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.ratio

Detailed headnote1 paragraphs

Bail - anticipatory bail (S. 482 BNSS) allowed to a woman petitioner apprehending arrest in Aadapur/Adapur P.S. Case No. 35 of 2025 under S. 30(a), Bihar Prohibition & Excise Act, 2016 (illicit liquor). Prosecution version: on a tip-off, police raided; 36 litres of country-made 'Nepali' liquor was recovered from a place behind her house; she and fleeing co-accused were named by villagers and the Chowkidar. Counsel urged no recovery from her person or possession and clean antecedents; the A.P.P. opposed. Allowing the prayer, the Court relied on no recovery being shown from the petitioner, her clean antecedent and the possibility of false accusation, and directed her release, on arrest or surrender within eight weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No. 2, East Champaran at Motihari, subject to S. 482(2) BNSS, one bailor being a close relative, and her presence on dates fixed by the trial court. (Arun Kumar Jha, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32316 of 2025

Arising Out of PS. Case No.-35 Year-2025 Thana- ADAPUR District- East Champaran

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

Rambha Devi W/o Gopi Paswan R/o Vill.- Shyampur, P.S.- Aadapur, DistrictEast Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate Ms. Rinki Kumari, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 22-05-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

In the present case, the petitioner is apprehending

her arrest in connection with Adapur P.S. Case No. 35 of 2025 registered for the alleged offence under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

As per prosecution case, police received information about petitioner indulging in trade of illicit liquor. A raid was conducted and on seeing the police party, one lady and two males started running away. They were chased, but the police could not catch them. From a place behind the house of the petitioner, recovery of 36 liters of country made Nepali liquor was made. The villagers and the Chowkidar named this

Patna High Court CR. MISC. No.32316 of 2025(2) dt.22-05-2025 2/3

petitioner and to other co-accused persons, who fled away form the spot on seeing the police party.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. The recovery has been shown from an open place, which is accessible to all and the petitioner has no concern with the seized liquor. For this reason, no offence under the provisions of Bihar Prohibition & Excise Act is made out against the petitioner. The petitioner is having clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering her clean antecedent and the possibility of false accusation, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32316 of 2025(2) dt.22-05-2025 3/3

satisfaction of learned Exclusive Special Excise Court No. 2, East Champaran at Motihari in connection with Aadapur P.S. Case No. 35 of 2025, subject to the condition laid down under Section 482(2) of BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J)

Ashish/-

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