Patna High Court
Sanjula DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that ownership alone does not warrant denial of bail and that the statutory provisions permit such relief.
Summary
The petitioner, Sanjula Devi, applied for anticipatory bail after being implicated in an excise case for alleged possession of illicit liquor recovered from a motorcycle she owned. The prosecution alleged that the motorcycle, registered in her name, was used to transport four litres of illegal country-made liquor during a police raid. The petitioner contended she was not named in the FIR, was not present at the scene, and had no knowledge of the liquor, asserting that liability arose solely from ownership of the vehicle. The court noted that the co‑accused had already been granted bail, the petitioner had no criminal antecedents, and the accusation was based merely on ownership. Considering these factors, the court exercised its powers under Section 438 of the CrPC and Section 482(2) of the BNSS Act, 2023 and granted anticipatory bail subject to conditions. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether mere ownership of a vehicle used in the commission of an offence justifies denial of anticipatory bail.
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482(2) of the BNSS Act, 2023.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482(2) BNSS Act
- Bihar Prohibition and Excise Act
- illicit liquor
- vehicle ownership
- excise offence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18914 of 2026
Arising Out of PS. Case No.-23 Year-2025 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Sanjula Devi W/o Indal Paswan R/o Village- Lohani, Ward No.-02, P.S.-
Biraul, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 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 Excise Police Station Biraul Case No. 23 of 2025,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, on the alleged date
and time, the informant, acting on directions of senior police
officials, proceeded with a police party to conduct a raid and
vehicle checking near Lohani More to apprehend liquor traders.
During the checking, a motorcycle rider was intercepted, who
disclosed his identity upon inquiry. Upon search, recovery of 4
liters of illicit country-made liquor was made from the dickey of
the motorcycle bearing registration no. BR07AQ-1481.
Patna High Court CR. MISC. No.18914 of 2026(2) dt.16-04-2026
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Consequently, a seizure list and arrest memo were prepared. On
the basis of the informant’s written report, a case was instituted
against Indal Paswan and investigation was initiated.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case, being merely a victim of circumstances. She was
neither named in the F.I.R. nor present at the place of
occurrence, and no incriminating article has been recovered
from her conscious possession. She has been made accused
merely on the basis of her being the registered owner of the
motorcycle. It is further submitted that the motorcycle was
being driven by her husband, and the petitioner had no
knowledge of its alleged use in the commission of the offence,
nor any connection with the seized liquor. Moreover, the co-
accused, from whom the alleged recovery was made, has
already been granted bail by the learned court below.
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 on the basis of her
being the registered owner of the seized motorcycle, the arrested
co-accused person has been granted bail by the learned Court
below and the petitioner is having no criminal antecedent , I am
Patna High Court CR. MISC. No.18914 of 2026(2) dt.16-04-2026
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inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
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) with two sureties of the like amount
each to the satisfaction of learned Special Judge-I, (Excise Act),
Darbhanga, in connection with Excise Police Station Biraul
Case No. 23 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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