Patna High Court
Rakhi DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, holding that the petitioner could not be held liable merely as the owner of the motorcycle.
Summary
Rakhi Devi, the owner of a motorcycle, sought anticipatory bail after a co‑accused, Manish Kumar, was found with 750 ml of foreign liquor on his person during a police raid. The prosecution alleged that the liquor was being transported in the motorcycle, invoking Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner argued she was not named in the FIR, had no knowledge of the illicit liquor, was not present at the scene, and no contraband was recovered from the vehicle itself. The State contended that ownership of the motorcycle made her liable. Considering her gender, lack of criminal antecedent, and the facts presented, the Court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether the owner of a vehicle used by a co‑accused in a liquor smuggling offence can be granted anticipatory bail under the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- liquor smuggling
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8869 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- JAMUI District- Jamui
======================================================
Rakhi Devi W/o Late Rajnikant Ram R/o Village - Padmawat, P.S. - Jamui,
Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending her arrest in
connection with Jamui P.S. Case No. 542 of 2025 registered for
the offences punishable under Sections 30(a) and 32 of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 750 ml foreign liquor
was recovered from the waist of the apprehended co-accused
Manish Kumar who was driving the motorcycle in question.
4. Learned counsel for the petitioner submits that
petitioner is a lady and she is innocent and has committed no
offence as alleged in the FIR and he has falsely been implicated
in this case. He further submits that petitioner is not named in
FIR. During the course of investigation, the name of the
Patna High Court CR. MISC. No.8869 of 2026(2) dt.18-02-2026
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petitioner has been transpired in this case as the owner of the
motorcycle in question. He further submits that on the alleged
date of occurrence, the co-accused had borrowed the motorcycle
from the petitioner and he had misused the said motorcycle.
Petitioner had no knowledge that the said motorcycle was being
used for carrying illicit liquor. Hence, petitioner cannot be held
liable for the alleged recovery. Petitioner was not found at the
place of occurrence. He further submits that no incriminating
article has been recovered from the motorcycle in question
rather the alleged recovery has been made from the waist of the
apprehended co-accused. Hence, petitioner is not in any way
attributable to the act of apprehended co-accused. In the light of
the aforesaid facts and circumstances of the case, no case is
made out against the petitioner under the provisions of Bihar
Prohibition and Excise Act. Petitioner bears no criminal
antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is the owner of the motorcycle in question and hence,
petitioner cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
Patna High Court CR. MISC. No.8869 of 2026(2) dt.18-02-2026
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petitioner being a lady having no criminal antecedent, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of her arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Excise
Court-I, Jamui in connection with Jamui P.S. Case No. 542 of
2025, subject to the conditions as laid down under Section 482
(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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