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Patna High Court

Guriya Devi @ Gudiya DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petitioner is not entitled to anticipatory bail as the nature of the accusation and the precedent preclude its grant.

Summary

The petitioner, Guriya Devi, sought anticipatory bail after the police recovered 10 litres of illicit country-made liquor from her residence, alleging a violation of Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor, maintained her innocence, and highlighted her clean antecedents. The State argued that anticipatory bail could not be granted, relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. The Court examined the nature of the accusation and the precedent, concluding that the petitioner was not entitled to anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail in the present case

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Full Bench precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43169 of 2026
                  Arising Out of PS. Case No.-752 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Guriya Devi @ Gudiya Devi W/o Shambhu Manjhi R/o Village- Berthu
                 Manjhi Tola, P.S- Tehta (Makhdumpur), Dist- Jehanabad.

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Ranvijay Singh, Advocate
                 For the State          :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-07-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 10 litres illicit country

                   made liquor was recovered from the house of this petitioner.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is innocent and has falsely been

                   implicated in this case. No incriminating material has been

                   recovered from the conscious possession of this petitioner and

                   she is in no way connected with the aforesaid recovery.

                   Petitioner is a lady and claims clean antecedents.
             Patna High Court CR. MISC. No.43169 of 2026(2) dt.02-07-2026
                                                         2/2




                                    5. On the other hand, learned APP appearing for the

                       State submits that petitioner is not entitled to the privilege of

                       anticipatory bail in view of decision of the Full Bench of this

                       Hon’ble Court rendered in the case of Ram Vinay Yadav vs.

                       The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

                                    6. Considering the nature of accusation and aforesaid

                       decision of this Hon’ble Court, the prayer for grant of

                       anticipatory bail to this petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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