Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from her conscious possession and she has a clean antecedent.
Summary
The petitioner, Urmila Devi, was implicated in an excise case for alleged illegal manufacture of liquor because a motorcycle she owned was used by her son. She was not named in the FIR and claimed no direct involvement or possession of the seized liquor. The prosecution opposed her request for anticipatory bail. The court observed that the liquor was not recovered from her conscious possession and noted her clean antecedent, concluding that the case against her was prima facie weak. Consequently, the court directed that she be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, under the relevant provisions of the CrPC and the Bihar Prohibition and Excise (Amendment) Act, 2022.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is not named in the FIR but is alleged to be involved due to ownership of a vehicle used by her son.
Legislation cited
- Bihar Non-Served (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 56(b)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41895 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- EXCISE PALIGANJ District- Patna
======================================================
Urmila Devi W/O Ramakant Manjhi R/O Chauthiya, Bikram, P.S.- Bikram,
Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pramod Kumar, Advocate
For the Opposite Party : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Excise
Paliganj P.S. Case No.117 of 2026 registered under Sections
30(a) and 56(b) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 16 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
Patna High Court CR. MISC. No.41895 of 2026(2) dt.30-06-2026
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the reason that she is the owner of the motorcycle bearing
Registration No. BR01HF 9497, which was used by her son,
namely, Vikash Manjhi. It is also submitted that petitioner is
neither connected in any manner with the alleged liquor nor
she was present at the place of occurrence. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. Petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Special Excise Judge, Danapur, in connection with
Patna High Court CR. MISC. No.41895 of 2026(2) dt.30-06-2026
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Excise Paliganj P.S. Case No.117 of 2026, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS
(Chandra Shekhar Jha, J.)
Aniket/-
U T
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