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Patna High Court

Sabita Devi @ SabitaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                 ======================================================
                 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/-

U √     T   √


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