Patna High Court
Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Pramila Devi, is the registered owner of a motorcycle from which 1.5 litres of illicit liquor was seized, although the vehicle had been stolen prior to the incident. She apprehended arrest under Section 30(a) of the Bihar Prohibition and Excise Act, but argued that no incriminating material was found in her possession and she had no involvement in the recovery. The State opposed her bail application. The court considered her clean antecedent, lack of personal possession of the contraband, and the fact that she was merely the vehicle owner. Accordingly, the court granted anticipatory bail, directing that if she is arrested within eight weeks she may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was made by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating material is found in her possession
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permit the court to impose bail conditions in such a case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19617 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
Pramila Devi W/o Bachola Sahni R/o Village- Simri Basant, Police Station-
Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 1.5 litre illicit liquor was
recovered from the seized motorcycle of this petitioner which
was stolen before the occurrence.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and she has been made accused in this case
merely she is registered owner of the seized vehicle. As a matter
of fact, her motorcycle was stolen earlier. Petitioner is a lady
and claims clean antecedent.
Patna High Court CR. MISC. No.19617 of 2026(2) dt.07-04-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering aforesaid facts and circumstances of
the case and clean antecedent, anticipatory bail is allowed and it
is ordered that let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Special Judge-I (Excise Act),
Darbhanga in connection with Utpad Thana Sadar P. S. Case
No. 194 of 2025, subject to conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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