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Patna High Court

Savitri DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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