Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 482
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
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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
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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/-
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