Patna High Court
Saban DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the allegations did not constitute an offence under the Act and the petitioner had no criminal antecedent.
Summary
Saban Devi, a housewife, sought anticipatory bail after police seized 36 litres of illicit Nepali liquor from a motorcycle registered in her name, leading to an FIR under sections 274/275 of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. She argued that she had no criminal antecedent and was implicated merely because the vehicle was in her name. The State opposed bail, emphasizing her ownership of the motorcycle. Relying on the precedent of Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in section 76(2) when no offence is made out, the court granted bail with strict conditions, reserving the right to cancel it if a criminal antecedent is discovered. The order directs her to furnish a bail bond of Rs 10,000 with two sureties and comply with conditions regarding police cooperation, court appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2).
- Whether mere ownership of a vehicle used in the alleged offence suffices to deny anticipatory bail.
- Whether the petitioner’s lack of criminal antecedent and gender merit the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- excise law
- prohibition law
- seizure of illicit liquor
- vehicle ownership
- criminal antecedent
- women
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20799 of 2026
Arising Out of PS. Case No.-23 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Saban Devi Wife of Upendra Yadav Resident of Village- Dethua, P.S.-
Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Araria Sangram P.S. Case No. 23 of 2025 for the
offence under sections 274/275 of the BNS and section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution story, Police on secret
information, intercepted a motorcycle and from it, 36 liters of
Nepali country-made liquor was recovery/seized. This led to the
FIR.
4. Learned counsel for the petitioner submits that she is
a housewife and only because the motorcycle was purchased in her
name, got implicated. Further, she do not have any criminal
antecedent.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.20799 of 2026(2) dt.08-04-2026
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the judgment of the Full Bench of Hon’ble Patna High Court in the
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that she
owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner is a lady and have no criminal antecedent,
in that background, this Court is inclined to extend her the
privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the statement
made in paragraph-3, the petitioner has criminal antecedent, the
present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in
connection with Araria Sangram P.S. Case No. 23 of 2025 subject
Patna High Court CR. MISC. No.20799 of 2026(2) dt.08-04-2026
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to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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