Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to bond and surety conditions.
Summary
The petitioner, Urmila Devi, sought anticipatory bail fearing arrest in a case where 483.84 litres of liquor were recovered from a Scorpio car registered in her name. The prosecution alleged that the liquor was contraband under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended she had no knowledge of the liquor, was not present at the scene, and that no incriminating material was found in her possession, arguing that prima facie no case existed against her. The State opposed the bail, while the petitioner highlighted a prior criminal case on bail and cited non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, directing surrender within six weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case.
- Whether the petitioner is prima facie implicated in the alleged contravention of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 103
- contraband liquor
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86840 of 2025
Arising Out of PS. Case No.-422 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Urmila Devi W/o Siya Shankar Yadav R/o Village- Pukhrera (Vijaipur), P.S-
Mairwa, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
G.B. Nagar P.S. Case No. 422 of 2025, registered under
Sections 30(a) and 41(1) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 483.84 liters
liquor was recovered from Scorpio car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.86840 of 2025(2) dt.15-01-2026
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for the petitioner also submits that the petitioner was not present
at the place of occurrence. Name of the petitioner has transpired
in this case as being owner of the vehicle in question and she
has got no knowledge with regard to the nature of goods kept in
that vehicle. Learned counsel for the petitioner, therefore,
contends that prima-facie, no case is made out against the
petitioner. The petitioner has got one criminal antecedent in
which she is on bail. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 24.11.2025 passed in Cr. Misc. No.
79376 of 2025. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
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,
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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with G.B. Nagar P.S. Case
No. 422 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.86840 of 2025(2) dt.15-01-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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