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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

Lalita Devi, the owner of a motorcycle, was implicated in a case where police seized 7.560 litres of foreign liquor from the vehicle under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. She argued that she had merely lent the bike to Saroj Kumar and had no knowledge of the liquor, asserting a clean antecedent. The State opposed her anticipatory bail application. The High Court, considering the facts, granted her anticipatory bail, directing that she be released upon arrest or surrender, subject to a bail bond of Rs.10,000 with two sureties and several conditions including attendance in court and verification of her criminal antecedent. The order also clarified that any observations made would not affect the trial.

Issues considered

  • Whether the petitioner, as the owner of the motorcycle, is liable for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether anticipatory bail should be granted to the petitioner under the inherent powers of the court.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • motor vehicle ownership
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11139 of 2026
                        Arising Out of PS. Case No.-639 Year-2025 Thana- KOTWALI District- Patna
                 ======================================================
                 Lalita Devi W/o- Saroj Kumar R/v- Karmchari Q.Room No-43, Block-B,
                 PMCH, Ashok Rajpath Arya Kumar Road, Ps- Pirbahore Dist- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :        Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in connection with Kotwali P.S. Case No. 639 of 2025

                   instituted for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2018.

                                3. As per the prosecution case, the police intercepted a

                   motorcycle and apprehended one person namely Saroj Kumar

                   and on search total 7.560 liters of foreign liquor was recovered

                   from the said motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated merely because she is the

                   owner of the motorcycle. It has been submitted that the

                   petitioner has no concern with the alleged recovered liquor and
Patna High Court CR. MISC. No.11139 of 2026(2) dt.17-02-2026
                                            2/3




          it was her good gesture that she had given her motorcycle to the

          said person and has no concern with the seizure and therefore no

          charge of carrying liquor can be attributed to the petitioner. The

          petitioner has clean antecedent.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       6. Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of her arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          her furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Special Judge, Excise, Patna in

          connection with Kotwali P.S. Case No. 639 of 2025, subject to

          the conditions as laid down under Section 482 of the BNSS and

          subject to the 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;

                       (iii) in case of absence on two consecutive dates or in
            Patna High Court CR. MISC. No.11139 of 2026(2) dt.17-02-2026
                                                        3/3




                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the Court concerned;

                                   (iv) 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 bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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