Patna High Court

Rubi DeviversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to a bail bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

Rubi Devi, the wife of accused Rajesh Sharma, applied for anticipatory bail after her husband was arrested for possession of one litre of illicit country-made liquor, an offence under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The police seized the liquor from a motorcycle owned by Rubi Devi, which had been gifted to her husband at the time of marriage. The petitioner argued that she was not present at the spot, was not named by the arrested husband, and therefore should not be treated as a co‑accused. The State opposed the bail, contending that ownership of the vehicle linked her to the offence. After hearing both sides, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

Whether the owner of a vehicle from which illicit liquor was seized can be granted anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner is a co‑accused or merely an owner and thus liable for the offences under Sections 30(a) and 37.
Whether the court may impose conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita while granting anticipatory bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
prohibition law
excise
illicit liquor
vehicle ownership
Section 30(a)
Section 37
Section 482(2)
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23879 of 2026
                       Arising Out of PS. Case No.-282 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Rubi Devi W/O Rajesh Sharma R/O Vill- Bijauli, P.O.- Belaur, P.S.- Panapur,
                 Dist- Saran 841410
                                                                              ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jeetendra Narayan
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Panapur P.S. Case No. 282 of 2025 for the offence punishable

                   under Sections 30(a) and 37 of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                   3. As per the allegation, one person named Rajesh

                   Sharma was apprehended on a motorcycle from which

                   altogether one liter of country made liquor was recovered and he

                   was also found in intoxicated state.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner was not arrested at the spot. The petitioner

                   happens to be the owner of the motorcycle from which the

                   alleged seizure was made. In fact, the petitioner happens to be

                   the wife of co-accused Rajesh Sharma and the said motorcycle
          Patna High Court CR. MISC. No.23879 of 2026(2) dt.22-04-2026
                                                      2/2




                    was given by way of gift to the co-accused Rajesh Sharma at the

                    time of marriage and he was driving the motorcycle. The

                    arrested co-accused, the husband of the petitioner, has not

                    named the petitioner in any manner.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                    Considering the facts and circumstances, let the petitioner above

                    named, in the event of her arrest/surrender within six weeks

                    from today in the Court below, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned 2nd

                    Exclusive Special Excise Judge, Saran, in connection with

                    Panapur P.S. Case No. 282 of 2025, subject to the conditions as

                    laid down under Section 482(2) of the Bhartiya Nagrik Suraksha

                    Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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