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Patna High Court

Sabodara DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court extended anticipatory bail to the petitioner.

Summary

Sabodara Devi sought anticipatory bail after police seized Nepali liquor from four motorcycles in a case registered under Section 317(5) of the Bihar Narcotic Substances (BNS) Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed that the seized liquor on the third motorcycle, which he owned, was actually in the possession of his brother‑in‑law, Raj Kishore Mahto, and that he had no prior criminal record. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court examined whether the petitioner could be held liable. The court found that the liquor was not recovered from the petitioner’s conscious possession and that the precedent supported granting bail. Consequently, the court granted anticipatory bail with a bond of Rs.10,000 and several conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail can be granted in offences under the BNS Act and Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the petitioner is liable for liquor seized from a motorcycle driven by his brother‑in‑law and not in his direct possession.
  • Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • seizure of liquor
  • possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21647 of 2026
                        Arising Out of PS. Case No.-356 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Sabodara Devi Wife of Shambhu Mahto Resident of Village- Sindhorawa,
                 P.S.- Riga, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Jha, Advocate
                 For the Opposite Party/s :        Mr.Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard         Mr. Sumit Jha, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Suppi P.S Case No. 356/2025 registered for the offences

                   U/s 317(5) of BNS Act and section 30(a) of Bihar Prohibition

                   and Excise Act lodged on 30.12.2025 by the informant, Rajan

                   Kumar Tiwary.

                                3. As per the prosecution story, the Police intercepted

                   four motorcycles and recovered/seized as follows:

                                                       (i) from first motorcycle bearing

                                                       registration no. BR-55-2748 there is

                                                       recovery/seizure of 72 liters of

                                                       nepali liquor;

                                                       (ii) from the second motorcycle
Patna High Court CR. MISC. No.21647 of 2026(2) dt.16-04-2026
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                                            bearing registration no. BR-06AH-

                                            19-5 there is recovery/seizure of 72

                                            liters of nepali liquor;

                                            (iii) from the fourth motorcycle

                                            bearing registration no. BR-30AD-

                                            2387 there is recovery/seizure of 72

                                            liters of nepali liquor;

                                            (iv) from third motorcycle bearing

                                            registration no. BR-55E-3426 there

                                            is recovery/seizure of 45 liters of

                                            nepali liquor;

                         4. Learned counsel for the petitioner submits that

          the third motorcycle belongs to him of which there is

          recovery/seizure of 72 liters of nepali liquor. It was actually

          being driven by Raj Kishore Mahto, his brother-in-law who had

          taken it away and was arrested alongwith the motorcycle. Last

          submission is that the petitioner do not have criminal

          antecedent.

                       5. Further, learned counsel for the petitioner relied on

          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
Patna High Court CR. MISC. No.21647 of 2026(2) dt.16-04-2026
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          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, Mr. Bharat Bhushan opposes the

          prayer submitting that he 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 nothing has been recovered from his conscious

          possession rather from his brother-in-law, Raj Kishore Mahto,

          in that background, this Court is inclined to extend him the

          privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court 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

          the like amount each in connection with Suppi P.S Case No.

          356/2025        to the satisfaction of learned Exclusive Special

          Excise Court No.I, Sitamarhi subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C. as also the other

          conditions.
             Patna High Court CR. MISC. No.21647 of 2026(2) dt.16-04-2026
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                                    (i) one of the bailor should be the family

                       member/relative of the petitioner who shall provide official

                       document (Aadhar Card/Driving License/Voter ID/Pan Card

                       etc.) 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 his

                       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 his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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