Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is refused as the petitioner is the owner of the seized vehicle.
Summary
Shanti Devi, the owner of a vehicle, was implicated in a case where 304 litres of codeine‑mixed cough syrup was seized from that vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for anticipatory bail, arguing that no incriminating material was found in her personal possession, she has a clean antecedent and is being accused merely on suspicion. The State opposed the bail application. The High Court considered that ownership of the seized vehicle linked her to the offence and therefore refused the anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh, denying the petition for bail.
Issues considered
- Whether anticipatory bail can be granted to the owner of a vehicle from which prohibited liquor was seized under the Bihar Prohibition and Excise Act
- Whether ownership of the seized vehicle establishes sufficient connection to the offence to deny anticipatory bail
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- codeine cough syrup
- vehicle seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20016 of 2026
Arising Out of PS. Case No.-540 Year-2022 Thana- JOKIHAT District- Araria
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Shanti Devi Wife of Bindeshwar Hembram @ Bindewari Hembram Resident
of Village- Mimgachhi BMP, Itwa, P.S.- Singaul, District- Begusarai (Bihar)
and presently residing at village- Budhiagola, Dhangatta, P.S.- Sarasi,
District- Purnia (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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 Jokihat (Mahalgaon)
P. S. Case No. 540 of 2022 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 304 liters codeine mixed
cough syrup was recovered from the seized vehicle 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 claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.20016 of 2026(2) dt.08-04-2026
2/2
bail of the petitioner.
6. Considering the fact that petitioner is owner of the
seized vehicle, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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