Patna High Court
Rajiya Devi @ Radhiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
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
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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
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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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