Patna High Court
Raj Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that mere ownership of the bike does not justify denial of anticipatory bail and, lacking evidence of personal possession, the petitioner is entitled to anticipatory bail subject to conditions.
Summary
The petitioner, Raj Kumari Devi, applied for anticipatory bail fearing arrest in a case (Sadar P.S. Case No. 205 of 2025) concerning the seizure of 120 litres of country-made liquor from a bike. The prosecution alleged an offence under Section 30(a) of the Excise Act, while the petitioner claimed innocence, stating that her son drove the bike and she had no possession of the liquor. The State opposed the bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order emphasizes that ownership of the vehicle alone does not warrant denial of bail in the absence of personal possession evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offence under Section 30(a) of the Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence justifies denial of bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Criminal Procedure Code
- BNSS
- seizure of liquor
- ownership of vehicle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4622 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
Raj Kumari Devi W/o Chhotan Dhanuk Resident of Village- Thana Ke
Pichhe, P.S.- Sahpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Sadar P.S. Case no. 205 of 2025 instituted for
the offence under Section 30 (a) of the Excise Act.
3. The case of the prosecution is that from a bike,
altogether 120 liters of country made liquor was recovered.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner has been implicated in this case only because she is
the owner of the bike. It is further submitted that the bike was
driven by her son, namely Vivek. It is further submitted that
Patna High Court CR. MISC. No.4622 of 2026(2) dt.09-02-2026
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nothing has been recovered from his conscious possession.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of her arrest or surrender
in connection with Sahpur P.S. Case no. 205 of 2025, he will be
enlarged 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 learned Exclusive Special Judge, Excise Court
No. II, Bhojpur at Ara, subject to the conditions as laid down
under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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