Patna High Court
Samlawati Devi @ Samalavati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Samlawati Devi, was implicated in an excise case (PS Case No. 427 of 2021) for allegedly possessing 15 litres of illicit country-made liquor found on a motorcycle registered in her name, violating Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She contended that the motorcycle had been gifted to her son‑in‑law in 2017, stolen in 2018, and that she had no criminal record, asserting that she was falsely implicated. The prosecution relied on the FIR stating that police intercepted the motorcycle during patrol and recovered the liquor. The court, after hearing counsel, found the petitioner’s explanation credible and noted the lack of any prior criminal antecedent. Consequently, the court exercised its power under Section 438(2) of the Code of Criminal Procedure, 1973, and granted anticipatory bail, directing that she be released on bail if arrested within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- illicit liquor
- motorcycle ownership
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7857 of 2026
Arising Out of PS. Case No.-427 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Bhojpur
======================================================
Samlawati Devi @ Samalavati Devi W/o Sunil Kumar Thakur Resident of
Village- Rajpur, Raghunathpur, P.S.- Bagengola, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Excise Police Station Case No. 427 of 2021, dated
25.09.2021, disclosing offence under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, during Patrrolling, saw a person coming
on a motorcycle with a gunny bag tied therein and
intercepted him, but on seeing the police, the rider tried to
flee away and succeeded in the same. On search of the
motorcycle, the police recovered 15 litres of illicit
country-made liquor from the said motorcycle.
Patna High Court CR. MISC. No.7857 of 2026(2) dt.17-02-2026
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4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case because she happens to be the registered owner
of the motorcycle in question. He further submits that the
petitioner has given the motorcycle, after purchasing the
same in her name, to the husband of her daughter in her
marriage as gift in the year 2017. The said motorcycle got
stolen in the year 2018 itself and the in-laws tried to lodge
First Information Report for the same, but the First
Information Report was not registered. He further submits
that the petitioner is a lady and has got no criminal
antecedent.
5. Considering the justification given by the petitioner, I am
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court No. II, Bhojpur, at Ara, in connection with Excise
Patna High Court CR. MISC. No.7857 of 2026(2) dt.17-02-2026
3/3
Police Station Case No. 427 of 2021, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure, 1973.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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