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Patna High Court

Rupa SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as she was not personally involved in the alleged offence.

Summary

The petitioner, Rupa Singh, applied for anticipatory bail after her vehicle was seized for allegedly transporting foreign liquor, violating Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. The police intercepted the vehicle based on a tip, recovered 2.68 litres of liquor, and arrested the driver, the petitioner's husband. The petitioner argued she was falsely implicated solely because she is the registered owner and had no knowledge of the contraband. The court examined the facts and noted the lack of any criminal antecedent or personal involvement. Considering these circumstances, the court granted anticipatory bail under Section 438(2) of the CrPC, subject to bond and surety conditions.

Issues considered

  • Whether the registered owner of a vehicle found with illicit liquor can be granted anticipatory bail despite the vehicle being used in the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • illicit liquor
  • Section 438 CrPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18562 of 2026
                      Arising Out of PS. Case No.-805 Year-2022 Thana- GAURICHAK District- Patna
                 ======================================================
                 Rupa Singh W/O Monu Kumar Singh R/o - Sri Nagar Colony, road no.- 1A,
                 North of A.G Colony, Park, Ashiananagar, P.s- Shastrinagar, Dist- Patna-
                 800025

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kaushal Kumar
                 For the Opposite Party/s :       Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Gaurichak Police Station Case No. 805 of 2022, dated

                            02.12.2022, disclosing offences under Sections 30(a) and

                            36 of the Bihar Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that during night patrolling on 01.12.2022, received

                            secret information from the Excise Prohibition Unit

                            regarding transportation of foreign liquor in a white Tata

                            Safari. Upon the said information, the police team

                            reached at the place of occurrence and intercepted the

                            said vehicle, bearing Registration No. BR01CZ-0005. It
Patna High Court CR. MISC. No.18562 of 2026(2) dt.08-04-2026
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                  has been alleged that upon search of the vehicle, a total of

                  about 2.680 litres of foreign liquor was recovered from

                  beneath the seat, and two persons, namely, Aryan Kumar

                  and Monu Kumar Singh, were apprehended and illicit

                  liquor and vehicle was seized.

              4. Learned counsel for the petitioner submits that the

                  petitioner has falsely been implicated in the present case

                  merely because she happens to be the registered owner of

                  the said vehicle. He next submits that the vehicle, from

                  where illicit liquor has been recovered, was being driven

                  by petitioner’s husband namely, Monu Kumar, who was

                  arrested from the spot and the petitioner had no

                  knowledge about illicit liquor being kept therein. The

                  petitioner has got no criminal antecedent.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that the

                  petitioner has been made accused merely because she

                  happens to be the registered owner of the vehicle, which

                  was being driven by her husband and was arrested from

                  the spot, I am inclined to grant the petitioner privilege of

                  anticipatory bail.

              6. This application is, accordingly, allowed.
            Patna High Court CR. MISC. No.18562 of 2026(2) dt.08-04-2026
                                                        3/3




                          7. Let the petitioner, above named, in the event of his arrest

                              or surrender before the Court below within four weeks, be

                              released on bail on furnishing bail bond of Rs. 10,000/-

                              (Ten Thousand) each with two sureties of the like amount

                              each to the satisfaction of learned Special Judge Excise,

                              Patna City, in connection with Gaurichak Police Station

                              Case No. 805 of 2022, subject to the condition laid down

                              under Section 438 (2) of the Code of Criminal Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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