Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Geeta Devi, the owner of a motorcycle from which 3.48 litres of illicit liquor was seized, was charged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. She applied for anticipatory bail, arguing that no incriminating material was found in her personal possession and that she was implicated only on suspicion. The State opposed the bail, highlighting her prior criminal antecedent of a similar nature. The Court considered her ownership of the seized vehicle and the prior record. Finding that the circumstances did not justify anticipatory bail, the Court refused the relief sought.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is the registered owner of the vehicle from which illicit liquor was recovered and has a prior similar criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- IPC
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43075 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
Geeta Devi W/o Late Manoj Chaudhary R/o Village - Hriday Nagar Ward no.
01, P.S - Banmankhi, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avnish Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in K.Hat (Sahayak) P.
S. Case No. 48 of 2024 registered for the offences punishable
under Sections 272, 273 of the Indian Penal Code and Section
30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 3.48 liters illicit liquor was
recovered from the seized motorcycle 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 she has been made accused in this case
only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.43075 of 2026(2) dt.01-07-2026
2/2
bail of the petitioner and submits that petitioner has got one
criminal antecedent of similar nature.
6. Considering the fact that petitioner is owner of the
seized motorcycle and bears criminal antecedent of similar
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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