Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The High Court granted anticipatory bail to the petitioner, finding no prima facie case against her.
Summary
Savitri Devi, the registered owner of a Bajaj Pulsor motorcycle, was named an accused in a case under section 30(a) of the Bihar Prohibition & Excise Act, 2016 after 52.8 litres of illicit Nepali liquor were recovered from the bike. She filed an anticipatory bail application, contending that she had no knowledge of the liquor trafficking, possessed a clean criminal record, and that the facts did not establish a prima facie case against her, rendering section 76(2) of the Excise Act inapplicable. The State opposed the bail but acknowledged that the accusation was based solely on her ownership of the vehicle. The Court examined the submissions, the lack of direct evidence linking her to the offence, and the statutory provisions governing anticipatory bail. Relying on its inherent powers under Section 482(2) of the CrPC, the Court granted anticipatory bail subject to a bail bond and sureties. The order releases the petitioner if arrested within six weeks, subject to the conditions imposed.
Issues considered
- Whether the petitioner can be granted anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Prohibition & Excise Act, 2016.
- Whether the facts constitute a prima facie case against the petitioner under section 30(a) of the Excise Act and trigger section 76(2).
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor trafficking
- vehicle ownership
- prima facie case
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9085 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- BALUA BAZAR District- Supaul
======================================================
Savitri Devi, Wife of Chandeshwar Ram, Resident of Village - Vayasi Ward
No.- 14, P.S.- Karjain, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Balua Bazar P.S. Case No. 28 of 2025 dated
19.07.2025 registered for the offence punishable under section
30(a) of the Bihar Prohibition & Excise Act, 2016 (in short
‘Excise Act’).
3. The main submissions advanced by petitioner’s
counsel are that as per the prosecution story, one motorcycle
was suspected to be involved in trafficking of illicit liquor and
one only person was riding on the said motorcycle, who
managed to escape on seeing the police party, leaving the
motorcycle (Bajaj Pulsor) at Balua Bazar and upon searching
the seat of the said motorcycle, a total 52.800 litres of country
made Nepali liquor was recovered. It is further submitted that
Patna High Court CR. MISC. No.9085 of 2026(2) dt.17-02-2026
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the petitioner is a lady and she has been made accused in the
present matter mainly on account of she being the registered
owner of the seized motorcycle, no doubt the same belongs to
the petitioner but the alleged trafficking of liquor was made
without her knowledge and she bears no criminal antecedent
and her past history is completely clean, hence, the alleged
offence punishable under the Excise Act, under which the FIR
has been registered, does not attract even prima facie against the
petitioner, so, her prayer for anticipatory bail is not hit by the
provisions of section 76(2) of the Excise Act.
4. Though learned APP appearing for the State has
opposed the prayer of the petitioner but fairly accepts that the
petitioner has been made accused in the present matter mainly
on account of she being the registered owner of the seized
motorcycle.
5. In the facts and circumstances of this case as well
as considering the submissions as stated above, coupled with the
pleas of the petitioner, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of her arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.9085 of 2026(2) dt.17-02-2026
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20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Balua Bazar P.S. Case No. 28 of 2025, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Shailendra Singh, J)
annu/-
U T
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