Patna High Court
Guriya Devi @ Gudiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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