Patna High Court
PINKY DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and verification conditions.
Summary
Pinky Devi, the owner of a motorcycle, was implicated in a case under the Bihar Prohibition and Excise Act, 2018 after 90.6 litres of foreign liquor were seized from a bike driven by a co‑accused. The prosecution alleged that her son was a liner and that the liquor was being transported on her vehicle, leading to her being named in the FIR. The petitioner contended she was not present at the scene, had no knowledge of the liquor, and possessed a clean antecedent. The State opposed her request for anticipatory bail. The High Court, after reviewing the facts, found no direct involvement by the petitioner and granted anticipatory bail subject to bond and verification conditions.
Issues considered
- Whether the petitioner, as the owner of the motorcycle, is liable to be arrested and denied anticipatory bail under Sections 30(a), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s clean antecedent and non‑presence at the scene justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41(1), 41(2)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- vehicle ownership
- clean antecedent
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34069 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- GORADIH District- Bhagalpur
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PINKY DEVI W/O Mritunjay Mandal R/O village- Mahiyama, P.S.-
Sanhoula, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner is apprehending her arrest in GORADIH
P.S. Case No. 46 of 2026 registered under Sections 30(a), 41(1),
41(2) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution story which has been lodged on
the basis of written report submitted by the informant, to the
effect that on the alleged date of occurrence i.e 23.2.2026 at
about 22:00 hours, while he was on patrolling duty along with
other police personnel, he received secret information that two
motorcycles are coming from the side of Jharkhand in which,
the persons riding on one motorcycle are working as a liner and
on another motorcycle, liquor is loaded. The informant reached
near the place of occurrence and saw two motorcycles coming
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in high speed from opposite direction; One red colour glamour
motorcycle and one blue colour glamour motorcycle was found
coming, on which two bags were tied. The person who was
driving the red colour motorcycle disclosed his name as Bikash
Mandal and the person who was driving the blue color
motorcycle upon which, two bags were loaded, disclosed his
name as Mithun Kumar. From blue colour motorcycle bearing
registration No. BR10N-0952, total 90.600 litres of foreign
liquor was recovered and on the disclosure made by Bikash
Mandal, it transpired that the motorcycle is in the name of his
mother i.e. the petitioner herein.
3. Learned counsel for the petitioner submits that 90.600
liter of foreign liquor was recovered from the motorcycle which
was being driven by the co-accused Mithun Kumar, bearing
registration No. BR10N-0952 and as per the allegation, the
petitioner was working as a liner and was riding the another
motorcycle which belongs to the petitioner. Since the petitioner
is owner of the motorcycle, therefore she has been made an
accused in the present case. She has got no concern with the
seized liquor which was being carried away on the motorcycle.
The allegation of the police to the effect that the son of the
petitioner was working as a liner is not correct and he further
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submits that that petitioner has got a clean antecedent.
4. The Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Having considered the rival submissions and after going
through the records, it appears that the petitioner was not
present at the place of occurrence and her name has come in the
present first information report only on the basis of the fact that
one of the motorcycles, which was being driven by her son, who
is alleged to be working as a liner. Since she was not present at
the place of occurrence, there is no question or any seizure from
her and she is a lady having clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court-II, Bhagalpur in connection with
GORADIH P.S. Case No. 46 of 2026, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S., with further
condition:
(I) The learned Court concerned shall verify the
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criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the Court concerned shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Ritesh Kumar, J)
A.K.V.//-
U T
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