Patna High Court
Shyam Shakhi DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Shyam Shakhi Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 25.26 litres of IMFL from her motorcycle. She contended that she was not present at the scene, had no knowledge of the liquor, and that the vehicle was being used by a friend of her son for medical purposes. The State opposed the bail, arguing the seriousness of the offence. The Court, considering the petitioner’s clean antecedent, gender, and the circumstances, ordered that she be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted bail rather than anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the registered ownership of the vehicle makes the petitioner liable for the alleged offence.
- Whether bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- bail
- prohibition act
- excise
- women's rights
- clean antecedent
- motor vehicle
- illegal liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41430 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- NEORA District- Patna
======================================================
Shyam Shakhi Devi W/o Babunand Manjhi R/o Village- Adalipur, PS- Neora,
Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate.
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Neora P.S. Case No.78 of 2025 instituted under Sections
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
25.26 liters of IMFL from a motorcycle bearing Registration
No.BR01FE-5966.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case due to being the registered owner of the seized vehicle.
Learned counsel submits that petitioner was neither present on
the spot nor he has any connection with the alleged seized
liquor. He further submits that motorcycle of petitioner was
Patna High Court CR. MISC. No.41430 of 2026(2) dt.01-07-2026
2/2
brought by the friend of son of petitioner for medical purpose
and she had no knowledge about the misuse of her motorcycle.
He further submits that petitioner is a woman having clean
antecedent and she undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner who is a
woman having clean antecedent, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount to each to the satisfaction of the learned Special Excise
Judge, Danapur/ concerned Court in connection with Neora P.S.
Case No.78 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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