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Patna High Court

Robina Khatoon @ Jobina KhatunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding no prima facie material linking her personally to the illegal liquor seizure.

Summary

The petitioner, Robina Khatoon, was implicated in a case of illegal liquor manufacturing after 283.17 litres of illicit liquor were seized from a vehicle she owned. She was not named in the FIR and the prosecution alleged her involvement solely on the basis of vehicle ownership, without evidence of her conscious possession or participation. The petitioner argued that the seizure list lacked independent witness support and highlighted her clean antecedent. The Additional Public Prosecutor opposed anticipatory bail, but the court noted the lack of direct connection between the petitioner and the seized liquor. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and a four‑week surrender condition, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted when the accused is not named in the FIR and alleged involvement is based solely on vehicle ownership
  • Whether ownership of a vehicle from which illicit liquor is seized establishes sufficient grounds for arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2022

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • excise law
  • vehicle ownership
  • clean antecedent
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45530 of 2026
                    Arising Out of PS. Case No.-1256 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Robina Khatoon @ Jobina Khatun, W/o Mizanur Rahman, R/o Village -
                 Kachalukhuwa Islampatty, P.S - Sadar, District - Nagaon, State - Assam

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :        Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                         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 her arrest in connection with Kishanganj

                   Madya Nisedh P.S. Case No.1256 of 2023 registered under

                   Sections 30(a) and 32(3) of the Bihar Prohibition and Excise

                   Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 283.170 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.45530 of 2026(2) dt.10-07-2026
                                            2/3




          a Car bearing Registration No. AS02V-8562. It is further

          submitted that the petitioner’s name has been surfaced in

          the present case solely on the ground that she is the

          registered owner of the seized vehicle, and not on the basis

          of any material demonstrating her conscious possession,

          involvement or complicity in the alleged offence. It is also

          pointed out that seizure list appears doubtful being not

          supported by independent witnesses rather than by police

          personnel. 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 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 her 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
            Patna High Court CR. MISC. No.45530 of 2026(2) dt.10-07-2026
                                                        3/3




                      learned Exclusive Special Judge Excise-II, Kishanganj in

                      connection with Kishanganj Madya Nisedh P.S. Case

                      No.1256 of 2023, subject to the conditions as laid down

                      under Section 482(2) of the BNSS.


                                                              (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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