Patna High Court
Gudi Devi @ Guddi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail application was denied.
Summary
Gudi Devi was accused under Section 30(a) of the Bihar Prohibition and Excise Act after six litres of illicit liquor were recovered from her residence. She applied for anticipatory bail, arguing that no incriminating material was found in her conscious possession and that the accusation was based merely on suspicion. The State highlighted that the liquor was recovered from her house and that she has a prior criminal antecedent of a similar nature, and relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. The Court examined whether the petitioner was entitled to anticipatory bail in view of the precedent and the facts. Concluding that the circumstances did not merit the grant of bail, the Court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19947 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- JAHANABAD District- Jehanabad
======================================================
Gudi Devi @ Guddi Devi W/o Krishna Chaudhary R/o Village- Muther, P.S-
Karauna, Dist- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sonam Kumari, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, 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 the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 6 liters illicit liquor
was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and she is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion.
5. Learned A.P.P. for the State submits that 6 liters
illicit liquor was recovered from the house of the petitioner and
she has got one criminal antecedent of similar nature. He further
Patna High Court CR. MISC. No.19947 of 2026(2) dt.08-04-2026
2/2
submits that petitioner is not entitled to the privilege of
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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