Patna High Court
Pritam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized vehicle established sufficient grounds for denial.
Summary
The petitioner, Pritam Devi, sought anticipatory bail in a case (CI Case No. 39 of 2021) where a pickup van registered in her name was seized containing 1016.280 liters of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in her conscious possession, she had a clean antecedent, and that the accusation was based merely on suspicion. The State opposed the bail, emphasizing her ownership of the vehicle from which the contraband was recovered. The Court considered the ownership link as sufficient ground to deny anticipatory bail. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the registered owner of the vehicle from which illicit liquor was seized
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35732 of 2026
Arising Out of PS. Case No.-39 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Purnia
======================================================
Pritam Devi D/o Ghataloo Yadav @ Ghanshyam Yadav @ Ghotaloo Yadav
Resident of village- Fulot, Police station- Chausa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in CI Case No. 39 of
2021 registered for the offence punishable under Section 30(a)
of Bihar Prohibition and Excise Act.
3. As per prosecution case, 1016.280 liters illicit
liquor was recovered from the seized pick-up van of which this
petitioner is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and she has been made accused in this case
only on suspicion. Petitioner is lady and claims clean
antecedent.
Patna High Court CR. MISC. No.35732 of 2026(2) dt.25-06-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the fact that petitioner is owner of the
seized pick-up van from which huge quantity of illicit liquor
was recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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