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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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