Patna High Court

Saimul DeviversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Saimul Devi, sought anticipatory bail fearing arrest in a case (PS Case No. 143 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act where 900 ml of liquor was recovered from a motorcycle. The petitioner contended that she was merely the owner of the vehicle, had no knowledge of the illicit liquor, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.15,000 with two sureties of the same amount, invoking its powers under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directs that the bail be effected if the petitioner is arrested or surrenders within six weeks.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the lack of ownership knowledge and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, negates a prima facie case against the petitioner.
Whether the High Court can exercise its inherent powers under Section 482(2) to release the petitioner on anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
high court
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.76 of 2026
                    Arising Out of PS. Case No.-143 Year-2024 Thana- KOTWA District- East Champaran
                 ======================================================
                 Saimul Devi Wife of Munif Khalifa Resident of Village- Kotwa Bazar, P.S.-
                 Kotwa, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Kotwa PS Case No. 143 of 2024 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 900 mL

                   of liquor was recovered from motorcycle.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the vehicle in question and he was not aware that illicit liquor

                   was laden in the vehicle. The petitioner has got no concern with

                   the alleged recovery of liquor. The petitioner has no criminal
           Patna High Court CR. MISC. No.76 of 2026(2) dt.19-01-2026
                                                       2/2




                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Kotwa PS Case No.

                     143 of 2024, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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