Patna High Court

Kaushalaya Devi @ Sarita DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond and surety conditions, with confirmation contingent on verification of the petitioner’s antecedents.

Summary

Kaushalaya Devi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 40 litres of liquor from a motorcycle she owned. She argued that she was not in possession of the liquor, was unaware of her son’s misuse of the vehicle, and that her gender and lack of direct involvement should preclude arrest. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed the trial court to verify her criminal antecedents. If she has more than two prior cases, the bail would not be confirmed; if she has exactly two, the bail would be confirmed immediately. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the offence negate the necessity of arrest.
Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
vehicle ownership
criminal antecedent
Section 482(2)
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.230 of 2026
                       Arising Out of PS. Case No.-208 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Kaushalaya Devi @ Sarita Devi W/o Late Butai Chaudhary R/o Village -
                 Channa Chhattu Badh, P.s- Buniyadganj, District - Gaya ji

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brijmohan Das
                 For the Opposite Party/s :      Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and is a woman and

                   allegation is of recovery of 40 litres of liquor from a motorcycle.

                   It is next submitted that petitioner was not arrested 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 her own vehicle for committing an occurrence

                   and thus would create evidence against herself and hence would
Patna High Court CR. MISC. No.230 of 2026(2) dt.15-01-2026
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          get implicated. It is also submitted that the petitioner was

          completely unaware that Guddu, her son would misuse the

          vehicle in the manner as alleged, who was also apprehended

          from the spot.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of her arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten thousand) 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 Chakand

          P.S. Case No.208/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases, in that event, it would be presumed that petitioner

          had concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.230 of 2026(2) dt.15-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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