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Patna High Court

Pramila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner was not found in possession of the illicit liquor and had a clean antecedent.

Summary

The petitioner, Pramila Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 21 litres of country-made liquor were seized. The prosecution linked her to the crime solely because she is the registered owner of a bike (registration No. BR24AN-5894) that was seized, although no liquor was found in her possession. She applied for anticipatory bail, asserting a clean antecedent and lack of physical possession of the contraband. The Additional Public Prosecutor opposed the bail, arguing the vehicle’s seizure implicated her. The court noted that the recovery of liquor was not made from her possession and, considering her clean record, directed that she be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made by Justice Chandra Shekhar Jha of the Patna High Court.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in physical possession of the seized illicit liquor
  • Whether ownership of a vehicle seized in connection with the case is sufficient grounds for arrest and denial of bail
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41992 of 2026
                       Arising Out of PS. Case No.-28 Year-2026 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Pramila Devi, W/o Mahendra Ram, R/o Vill.- Bihta, P.S.- Imadpur, Dist.-
                 Bhojpur.
                                                                          ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagadeo Choubey, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, 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 named in the FIR and

                   apprehending his arrest in connection with Imadpur P.S. Case

                   No.28 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act,2022 (Amended).

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 21 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the petitioner has been implicated as an accused

                   solely on the ground that she is the registered owner of the

                   Bike bearing Registration No. BR24AN-5894 alleged to have

                   been seized in connection with the present case. It is further
             Patna High Court CR. MISC. No.41992 of 2026(2) dt.30-06-2026
                                                         2/2




                       submitted that nothing has been recovered from the conscious

                       possession of the petitioner. The 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 of note of fact as recovery of illicit liquor prima facie not

                       appears to be made from physical possession of this petitioner,

                       accordingly, the petitioner above-named, who is a lady of clean

                       antecedent, 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 Exclusive Special Excise

                       Court-I, Bhojpur, Ara in connection with Imadpur P.S. Case

                       No.28 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.)
    Raushan/-

U        T


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