Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Lalita Devi, the registered owner of a vehicle seized in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, applied for anticipatory bail fearing arrest. The prosecution alleged that a co‑accused escaped on a motorcycle while a TVS moped and 200 litres of country liquor were seized, but no incriminating article was found in Lalita Devi's possession or vehicle. She contended that her implication was solely due to her ownership of the seized vehicle and that she has no criminal antecedents. The State opposed the bail. Considering the lack of direct evidence against her, her clean record, and the fact that she had not been arrested at the scene, the Court directed that she be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to a vehicle owner implicated solely on the basis of ownership under section 30(a) of the Bihar Prohibition and Excise Act, 2016
- Whether the absence of incriminating articles in the petitioner’s possession justifies bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- vehicle seizure
- false implication
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31228 of 2026
Arising Out of PS. Case No.-180 Year-2022 Thana- KOILWAR District- Bhojpur
======================================================
Lalita Devi W/O Ashok Prasad, Resident of Village- Pareo, P.S.- Bihta
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending her arrest in connection
with Koilwar P.S. Case no. 180 of 2022, registered under section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, while one accused
managed to escape on a motorcycle, other vehicle/TVS moped
motorcycle was seized and 200 litres of country liquor was
recovered.
4. Learned counsel for the petitioner submits that no
incriminating article was seized either from the petitioner’s
possession or from her vehicle. The cause of false implication of
the petitioner is that she happens to be the registered owner of
the vehicle which was seized. She has no criminal antecedent
Patna High Court CR. MISC. No.31228 of 2026(2) dt.13-05-2026
2/2
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 allegation against the petitioner in
the F.I.R., the petitioner not having been arrested at the spot, the
reason for implication of the petitioner being that she happens to
be the registered owner of the vehicle and the petitioner who is a
lady not having any criminal antecedent, in the facts of the case,
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 Koilwar P.S. Case no. 180 of 2022 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 Excise, Court no.2, Bhojpur at Ara.
(Partha Sarthy, J)
Shiv/-
U T
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