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Patna High Court

Kalika Devi @ Kukila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted where the petitioner’s ownership of the vehicle does not conclusively establish possession of the contraband, subject to verification of her criminal antecedent.

Summary

The petitioner, Kalika Devi, sought anticipatory bail after a vehicle she owned was seized containing 1.5 litres of liquor, alleged to be a violation of the Bihar Prohibition and Excise Act. She argued that she had no knowledge of the liquor being in the vehicle, that the seizure was made from a friend’s possession, and that she had a clean criminal record. The State opposed the bail, contending that the vehicle’s ownership linked her to the offence. The Court granted provisional anticipatory bail conditioned on a modest bond and sureties, subject to verification of her antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case of alleged possession of liquor in a vehicle owned by the accused?
  • Whether ownership of the vehicle, without actual possession of the liquor, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22261 of 2026
                      Arising Out of PS. Case No.-124 Year-2021 Thana- SAHAJITPUR District- Saran
                 ======================================================
                 Kalika Devi @ Kukila Devi W/o Birju Deshmukh R/o Village - Mirjapur, P.S
                 - Sonpur, District - Saran at Chapra

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey
                 For the Opposite Party/s :       Mr. Chandrabhushan Prasad,
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 30, 30(a),

                   37(B)(C) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 1.5 liters of liquor from a Sumo

                   vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and she came to

                   be implicated based on the fact that she is owner of the seized

                   vehicle, it is next submitted that no prudent person would use
Patna High Court CR. MISC. No.22261 of 2026(2) dt.08-04-2026
                                            2/3




          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated,

          It is also submitted that it is not the case of the prosecution that

          they saw a woman fleeing from the place of occurrence, it is

          next submitted that petitioner was completely unaware that his

          friend Bibhishan would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned Trial Court where the case is pending/successor court in

          connection with Sahajitpur P.S. Case No. 124 of 2021 subject to

          the conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the
           Patna High Court CR. MISC. No.22261 of 2026(2) dt.08-04-2026
                                                       3/3




                     purposes of seeking anticipatory bail, had concealed her

                     antecedent before this Court, as such, the provisional

                     anticipatory bail order shall not be confirmed, but after

                     verification if it is found that petitioner has clean antecedent, in

                     that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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