Patna High Court
Sabita Devi @ SabitaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as a prima facie case exists against the petitioner.
Summary
The petitioner, Sabita Devi, a widow, was implicated in a case where police recovered 25 litres of illicit liquor from a house she owned jointly with her late husband under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She applied for anticipatory bail, claiming she had no criminal antecedent, was not present at the time of the raid, and that the liquor was owned jointly by other house members. The court examined the FIR and seizure list and found a prima facie case against her. Relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar, the judge declined to grant anticipatory bail. The application was dismissed, with a direction that regular bail could be sought if she surrenders.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether a prima facie case exists under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- prima facie case
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7877 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- LAXMIPUR District- Jamui
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Sabita Devi @ Sabita W/o Late Vijay Besra R/o Village- Baljora, Post-
Anandpur @ Annanpur, P.S- Laxmipur, Dist- Jamui (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhuri Kumari
Mr.Abhishek Anand
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
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 Laxmipur Police Station Case No. 311 of 2025, dated
11.12.2025, 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, on secret information that the
manufacturing and sale of illicit liquor is going on in
village Balzora, reached in the village and raided one
house and recovered 25 litres of illicit country made
liquor from that house. On enquiry by the local people,
no one disclosed the owner of the said house. When the
Patna High Court CR. MISC. No.7877 of 2026(2) dt.17-02-2026
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Police was returning, on the way, one person disclosed
the name of the owner of the house as the petitioner.
4. Learned Counsel for the petitioner submits that the
petitioner, being widow lady having no criminal
antecedent, is innocent and has falsely been implicated in
this case on the disclosure of her name by a stranger. He
further submits that the petitioner has got no concern
with the illicit liquor recovered inasmuch as the illicit
liquor has been recovered from the house owned by the
petitioner’s husband and it is a joint property in which
other members of the house also reside. He further
submits that the petitioner was not present in the said
house at the time of recovery inasmuch from perusal of
the First Information Report, it would be evident that no
one was found fleeing from the house in question.
5. Taking into consideration the fact that from perusal of
the First Information Report and the seizure list, it is
apparent that the illicit liquor has been recovered from
the house of the petitioner, accordingly, on perusal of the
First Information Report and the seizure list, a prima
facie case is made out against the petitioner and in view
of the Full Bench decision of this Court, in Criminal
Patna High Court CR. MISC. No.7877 of 2026(2) dt.17-02-2026
3/3
Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v.
The State of Bihar), I am not inclined to exercise my
discretion for grant of anticipatory bail to petitioner.
6. This application is, accordingly dismissed.
7. However, if the petitioner surrenders before the
concerned Court and seeks regular bail, the same may be
considered by the concerned Court on its own merit, if
possible on the same date, without being prejudiced by
the rejection of the present anticipatory bail application
of the petitioner by this Court.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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