Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties, with the condition that bail may be cancelled if a prior offence under the Bihar Prohibition and Excise Act is discovered.
Summary
Manju Devi, the registered owner of a vehicle from which 300 bottles of country liquor were seized, applied for anticipatory bail under sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that the liquor was recovered from two motorcycles linked to her vehicle, but no incriminating article was found in her possession. The petitioner argued that she was falsely implicated solely because of vehicle ownership, has no criminal antecedent, and is willing to cooperate with the investigation. The court considered the lack of direct evidence against her, her gender, and clean record, and concluded that anticipatory bail was appropriate. Accordingly, the court ordered that she be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to a condition that bail may be cancelled if a prior offence under the Excise Act is discovered.
Issues considered
- Whether the petitioner is liable to be arrested under sections 274 and 275 of the Bharatiya Nyaya Sanhita and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether anticipatory bail should be granted in the absence of incriminating material found in the petitioner’s possession.
- Whether the petitioner’s status as the registered owner of the vehicle and her lack of criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- criminal procedure
- excise law
- liquor seizure
- vehicle ownership
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31205 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MADHWAPUR District- Madhubani
======================================================
Manju Devi, W/O Ram Kumar Yadav, Resident of Village- Balwa, P.S.-
Madhwapur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending her arrest in connection
with Madhwapur P.S. Case no.38 of 2026, registered under
sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and
section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 300 bottles containing
270 litres of country liquor was recovered from the two
motorcycles and the accused managed to escape.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who happens to be a lady and has been falsely
implicated in the case only for the reason that she happens to be
the registered owner of one of the vehicles from which the
Patna High Court CR. MISC. No.31205 of 2026(2) dt.13-05-2026
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alleged seizure is said to have taken place. The petitioner has no
criminal antecedent and undertakes to cooperate in the
investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., no incriminating article having been recovered from
the petitioner’s possession, the petitioner having been
implicated for the reason of her being the registered owner of
one of the vehicles in question and especially the petitioner who
is a lady not having any criminal antecedent, it is directed that
the petitioner above named, in the event of her arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Madhwapur P.S. Case no.38 of 2026 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge, Excise Court, Madhubani on the following condition :-
(I) If it subsequently transpires that the petitioner has
an antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
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cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
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