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Patna High Court

Urmila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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