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Patna High Court

Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle established sufficient suspicion.

Summary

The petitioner, Raj Kumari Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 58 litres of illicit liquor were recovered from a motorcycle registered in her name. She applied for anticipatory bail, arguing that no incriminating material was found in her conscious possession, she has a clean antecedent, and that she is merely the owner of the vehicle. The State opposed the bail, contending that ownership of the seized vehicle establishes sufficient suspicion. The Court examined whether mere ownership can justify granting anticipatory bail in the absence of direct possession of the contraband. Considering the facts, the Court refused the petitioner's prayer for anticipatory bail, holding that the suspicion arising from ownership warranted denial of bail.

Issues considered

  • Whether anticipatory bail can be granted to a person who is only the registered owner of a vehicle from which illicit liquor was seized.
  • Whether the absence of incriminating material in the accused's conscious possession suffices to justify anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • ownership
  • criminal procedure
  • bail denial
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19933 of 2026
                      Arising Out of PS. Case No.-18 Year-2024 Thana- Naya Bhojpur District- Buxar
                 ======================================================
                 Raj Kumari Devi Wife of Dhanul Choudhary Resident of Village- Purana
                 Bhojpur, P.S.- Dumraon, District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

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

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 58 liters illicit liquor was

                   recovered from the motorcycle of which this petitioner is

                   registered owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and she has been made accused in this case

                   only on suspicion. Petitioner is lady and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.19933 of 2026(2) dt.08-04-2026
                                                          2/2




                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of the

                        seized motorcycle, prayer for anticipatory bail of the petitioner

                        is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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