Patna High Court
KIRAN KUMARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to the petitioner with conditions, as the FIR did not establish a prima facie case against her under the Bihar Prohibition and Excise Act.
Summary
Kiran Kumari, a housewife who owns a motorcycle, was implicated in an excise case (Case No. 538 of 2025) after police seized 15 litres of country‑made liquor from the vehicle. She applied for anticipatory bail, arguing she had no criminal antecedent and was not in possession of the contraband. The State opposed, citing her ownership of the motorcycle. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not establish a prima facie offence against the applicant. Consequently, the Court granted anticipatory bail with standard conditions, including surety, cooperation with investigation, and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when the applicant is not directly implicated in the alleged offence.
- Whether ownership of the vehicle used in the alleged seizure suffices to deny anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- motorcycle ownership
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15416 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Kiran Kumari wife of Arun Kumar Daughter of Videshi Pasi, Resident of
Village - Gansadih, P.S.- Sasaram, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the State : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr. Rajesh Kumar Singh, learned counsel
for the petitioner and Mrs. Asha Kumari, learned APP
representing the State.
2. The petitioner is apprehending her arrest in
connection with Excise P.S. Case No. 538 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 14.12.2025 by the informant, Saddam Hussain.
3. As per the prosecution story, the informant alleged
that on secret information, the Police intercepted a motorcycle
and there is recovery/seizure of 15 liter country made liquor.
This led to the FIR.
4. Learned counsel for the petitioner submits that she
is a house wife and only because she owns the motorcycle, got
implicated, has no criminal antecedent.
Patna High Court CR. MISC. No.15416 of 2026(2) dt.12-03-2026
2/3
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
she own the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have criminal antecedent nor
anything recovered from her conscious possession, in that
background, this Court is inclined to extend her the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
Patna High Court CR. MISC. No.15416 of 2026(2) dt.12-03-2026
3/3
No.1, Rohtas at Sasaram in connection with Excise P.S. Case
No. 538 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.