Patna High Court
Sobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Sobha Devi was named as an accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 10 litres of illicit liquor were recovered from an open area outside her house. She applied for anticipatory bail, arguing that no incriminating material was found in her conscious possession and that the recovery was from a public place. The State opposed the bail. The Court examined the nature of the accusation and the circumstances of the recovery, and concluded that anticipatory bail was appropriate. It ordered that, if arrested or surrendered within eight weeks, she be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order thus granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is recovered from a location not under the accused's control and no material is found in her possession.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19811 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- KADIRGANJ District- Patna
======================================================
Sobha Devi W/o Mithilesh Chaudhari R/o Village- Panditganj, P.S-
Kadirganj, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kadirganj P. S. Case
No. 18 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 10 liters illicit liquor was
recovered from outside the house of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. She has been made accused in this
case only on suspicion. Recovery has been made from an open
place accessible to all.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and place of
Patna High Court CR. MISC. No.19811 of 2026(2) dt.07-04-2026
2/2
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of lerned Special Judge, Excise
II, Patna in connection with Kadirganj P. S. Case No. 18 of
2026, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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