Patna High Court
Robina Khatoon @ Jobina KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(3)
- BNSS — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.