Patna High Court
SITA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because ownership of the vehicle from which illicit liquor was recovered established sufficient nexus to the alleged offence.
Summary
The petitioner, Sita Devi, sought anticipatory bail after a police case under section 30(a) of the Bihar Prohibition and Excise Act was registered against her. The prosecution alleged that 250 litres of illicit liquor were recovered from a vehicle registered in the petitioner’s name. The petitioner argued that no incriminating material was found in her personal possession and that she was implicated only on suspicion. The State opposed the bail, emphasizing the large quantity of liquor seized from the petitioner’s vehicle. The court considered the ownership of the vehicle as a material factor and concluded that the petitioner’s connection to the seized liquor was sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor is seized under the Bihar Prohibition and Excise Act.
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.40260 of 2026
Arising Out of PS. Case No.-600 Year-2025 Thana- HISUWA District- Nawada
======================================================
SITA DEVI W/O VIJAY PRASAD RESIDENT OF VILLAGE - JAPHARA,
P.S.- FATEHPUR, DISTRICT - GAYA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a) of Bihar Prohibition
and Excise Act.
3 . As per prosecution case , 250 liters of illicit liquor
was recovered from the seized vehicle 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 he has been made accused in this case
only on suspicion .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.40260 of 2026(2) dt.29-06-2026
2/2
bail of the petitioner and submitted that huge quantity of liquor
has been recovered from seized vehicle of which this petitioner
is registered owner.
6. Considering the fact that petitioner is owner of the
seized vehicle from which huge quantity of illicit liquor has
been recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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