Urmila Devi v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise (Amendment) Act, 2022 ss. 30(a), 56(b)
- Code of Criminal Procedure, 1973 s. 438(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482(2)
Key paragraphs
- Para 66. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the…
Judgment
====================================================== Appearance : For the Petitioner : For the Opposite Party : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Pramod Kumar, Advocate Mr. Asha Kumari, APP 2 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Excise Paliganj P.S. Case No.117 of 2026 registered under Sections 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2022.
Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 16 litres of IMFL/country-made liquor.
It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for Patna High Court CR. MISC. No.41895 of 2026(2) dt.30-06-2026 the reason that she is the owner of the motorcycle bearing Registration No. BR01HF 9497, which was used by her son, namely, Vikash Manjhi. It is also submitted that petitioner is neither connected in any manner with the alleged liquor nor she was present at the place of occurrence. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent.
Learned APP opposed the prayer of anticipatory bail to the petitioner.
In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, in connection with Patna High Court CR. MISC. No.41895 of 2026(2) dt.30-06-2026 Excise Paliganj P.S. Case No.117 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS (Chandra Shekhar Jha, J.) Aniket/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.