Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Renu Devi, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged transport of illicit liquor using her motorcycle, which was seized along with 24 litres of illicit liquor. The prosecution alleged that the vehicle, registered in her name, was used by co‑accused Raju Kumar, who was apprehended at the scene. The petitioner contended she was unaware of the vehicle's use, had no criminal antecedent, and was not present at the occurrence. The State opposed the bail application. Considering the petitioner’s clean record, lack of personal possession of the contraband, and the circumstances, the court ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- motor vehicle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32479 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- Panchanpur District- Gaya
======================================================
Renu Devi W/o Guddu Yadav R/o Village- Sonbarsa, P.S. Paraiya, District -
Gaya Ji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case
registered under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 24 litres illicit
liquor kept in sack and one motorcycle bearing Reg. No. BR02-
AT-1895 were recovered from the place of occurrence. Co-
accused Raju Kumar apprehended on the spot. It is alleged that
petitioner is registered owner of the seized motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case being the owner of the
seized motorcycle. Further submission is that at the relevant
time, the vehicle of the petitioner was taken by co-accused Raju
Kumar, who was apprehended on the spot, for some essential
Patna High Court CR. MISC. No.32479 of 2026(2) dt.13-05-2026
2/2
work and without consent or knowledge of the petitioner, her
vehicle was being used for transportation of illicit liquor.
Petitioner was not present on the spot and nothing has been
recovered from the conscious possession of the petitioner.
Petitioner has got no criminal antecedent and she undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
fair criminal antecedent of the petitioner, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Court concerned within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000 (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 2,
Gaya Ji in connection with Panchanpur P.S. Case No. 162 of
2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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