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Patna High Court

Rajiya Devi @ Radhiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding no sufficient basis to deny it.

Summary

Rajiya Devi, the owner of a motorcycle, was implicated in a case involving the seizure of 770 litres of illicit Mahua liquor and four motorcycles from a hut in Nawada district. The prosecution alleged that the liquor was packaged under the Bihar Prohibition and Excise Act, 2016, but no liquor or other contraband was found in the petitioner’s possession. The petitioner argued she was falsely implicated solely because the seized motorcycle was registered in her name and she has no criminal record. The State opposed anticipatory bail, while the court noted that co‑accused had already been granted anticipatory bail and that the petitioner’s connection to the crime was tenuous. Considering the lack of direct involvement, absence of antecedent, and the precedent of bail to co‑accused, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation and verification of criminal antecedent.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023, given her alleged connection to the seized liquor?
  • Does ownership of a vehicle recovered in a seizure constitute sufficient grounds for arrest or denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • motorcycle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 17611 of 2026
                       Arising Out of PS. Case No.-378 Year-2024 Thana- SIRDALA District- Nawada
                 ======================================================
                 Rajiya Devi @ Radhiya Devi W/O Janki Yadav R/O Vill.- Dhab, P.S.-
                 Sirdalla, Dist.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Sonam Kumari, Adv
                 For the Opposite Party/s :       Mr. Nand Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Sirdalla P.S. Case No. 378 of 2024, registered for the

                   offence punishable under Sections 30(a), 41 of Bihar Prohibition

                   and Excise Act, 2016.

                                3. The case of the prosecution, in short, is that on

                   10.10.2024 at about 00:35 hours, the police proceeded to

                   vicinity of the hut-like dwelling belonging to Ramchandra

                   Prasad situated on the edge of the Bahuara forest. Upon arrival,

                   it was observed that a group of 5–6 persons were engaged in

                   packaging liquor. Upon seeing the police, they tried to flee away
Patna High Court CR. MISC. No. 17611 of 2026(2) dt.25-03-2026
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          but one was apprehended. Upon query, the apprehended person

          identified himself as Ramchandra Prasad and identified the

          fleeing persons 1. Ajay Singh, 2. Virendra Ghatwar, 3. Vijay

          Ghatwar, 4. Sunil Yadav and 5. Lallu Yadav. During search, a

          total of 770 liters of country-made Mahua liquor was recovered

          from hut-like dwelling and four motorcycles were recovered

          from outside the hut.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. He further submits that the petitioner has been

          implicated because she is the owner of the seized motorcyle.

          Nothing has been recovered from the conscious physical

          possession of the petitioner. He further submits that the

          petitioner has no criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From the reading of the FIR, it appears that the

          recovery of liquor has been made from a hut, which does not

          belong to the petitioner. A motorcycle that was parked nearby

          the hut which happens to be in the name of the petitioner, is

          perhaps the reason why the petitioner’s name has surfaced in

          this case. No recovery has been made from the conscious
Patna High Court CR. MISC. No. 17611 of 2026(2) dt.25-03-2026
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          physical possession of the petitioner and also taking into

          account that the co-accused persons have been granted

          anticipatory bail vide order dated 17.01.2025 passed in Cr.

          Misc. No. 390 of 2025 and order dated 10.11.2025 passed in Cr.

          Misc. No. 74397 of 2025, which have been bought on record by

          way of Annexure-P/2 and P/3 respectively and also the fact that

          the petitioner has no criminal antecedent, this Court is inclined

          to grant privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of her

          arrest or surrender before the Court below within four weeks

          from today, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Exclusive Special Excise

          Judge-1, Nawada in connection with Sirdalla P.S. Case No. 378

          of 2024, subject to the conditions laid down under section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also

          further condition that:-

                       (i)    the     petitioner      shall     co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court
              Patna High Court CR. MISC. No. 17611 of 2026(2) dt.25-03-2026
                                                          4/4




                        below shall take step for cancellation of bail bond of the

                        petitioner. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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