Patna High Court
Rupa SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure — s. 438(2)
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
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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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