Patna High Court
Avtari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Avtari Devi, sought anticipatory bail after a police seizure recovered 24 litres of illicit country‑made liquor from a motorcycle registered in her name. The prosecution alleged that the liquor was contraband under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended she was innocent, had no possession of the liquor, and was implicated solely because she owned the vehicle. The State opposed the bail, emphasizing the large quantity of illegal liquor recovered from the vehicle. Considering the seriousness of the offence and the fact that the seized vehicle belonged to the petitioner, the court rejected the anticipatory bail application. Consequently, the petition for bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the seizure of illicit liquor from a vehicle registered in her name?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 30(a)
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12695 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Excise P.S. District- Buxar
======================================================
Avtari Devi Wife of Sri Jangali Chaudhari @ Jangali Mallah Resident of
Village- Rampur, P.S.- Rajpur, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Manish Kumar No. 13, Advocate
Mr. Rohit Kumar, Advocate
For the State : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 24 litres illicit country
made liquor was recovered from the seized motorcycle of which
this petitioner is registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because she happens to be owner of the vehicle
in question. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.12695 of 2026(2) dt.23-04-2026
2/2
possession of this petitioner. Petitioner is a lady and claims
clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of illicit liquor
was recovered from the seized vehicle of which this petitioner is
registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of illicit liquor was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.