Patna High Court
Sandhya Devi @ Sandhaya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bail bond and surety conditions.
Summary
The petitioner, Sandhya Devi, sought anticipatory bail after a police case (PS No. 89 of 2026) was registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 216 litres of illicit country-made liquor from her tempo. The petitioner claimed she is the owner of the tempo, a woman, and had no involvement in the alleged offence, asserting that only the driver was arrested. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the petitioner, as the owner of the tempo, can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Negotiable Securities and Settlement (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38187 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- DEHRI TOWN District- Rohtas
======================================================
Sandhya Devi @ Sandhaya Devi wife of Krishna Ram Resident of Village-
Shivganj, Ward No.29, PS -Dehri Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad
For the Opposite Party/s : Mr. Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Dehri (Town) P.S. Case No. 89 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
216 liters of illicit country made liquor from the tempo in
question.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
It is further submitted that the petitioner is a lady and the owner
of the said tempo and has no concern with the alleged recovery.
It is also submitted that the driver of the tempo was arrested on
Patna High Court CR. MISC. No.38187 of 2026(2) dt.16-06-2026
2/2
the spot.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Dehri (Town) P.S. Case No. 89 of 2026 subject to the conditions
as laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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