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Patna High Court

Nilam Kumari @ Nilam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Nilam Kumari, the registered owner of a motorcycle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after police recovered 5 litres of illicit liquor from a co-accused arrested on the motorcycle. She contended that she was innocent, that her husband was driving the vehicle and that she had no knowledge of the liquor. The court noted that she is a lady, has no criminal antecedent, and was implicated merely because she is the vehicle's owner while the husband was in actual possession. Considering these facts, the court granted her anticipatory bail. The order directed that if arrested within four weeks, she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted to the registered owner of a vehicle found with illicit liquor when she claims lack of knowledge and possession.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • vehicle ownership
  • gender considerations
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24212 of 2026
                     Arising Out of PS. Case No.-19 Year-2026 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Nilam Kumari @ Nilam Devi D/O Raj Kumar Ram Resident of Village-
                 Barna, P.S.- Rajpur, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashi Kant
                 For the Opposite Party/s :      Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Bikramganj Excise Police Station Case No. 19 of 2026,

                            dated 23.01.2026, disclosing offence punishable under

                            Section 30 (a) of the Bihar Prohibition and Excise Act,

                            2016.

                       3.   The prosecution case, as per the First Information Report,

                            is that the police, during vehicle check, saw a person

                            coming on a motorcycle and on seeing the police, he

                            started fleeing away, however the police arrested him and

                            on search, the police recovered 5 litres of illicit country-

                            made liquor kept in the jacket of the arrested co-accused

                            person.
Patna High Court CR. MISC. No.24212 of 2026(2) dt.22-04-2026
                                            2/3




              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   this case merely because she happens to be the registered

                   owner of the motorcycle in question. He further submits

                   that the husband of the petitioner, who was arrested by the

                   police along with the motorcycle and illicit liquor, was

                   driving the motorcycle and she was not aware that the

                   petitioner is carrying illicit liquor with him. He further

                   submits that it is the case of the prosecution that only one

                   person was present on the motorcycle, who was arrested

                   by the police at the spot.

              5.   Regards being had to the submission advanced on behalf

                   of the parties concerned and taking into consideration the

                   fact that the petitioner is a lady, she has been made

                   accused in this case merely because she happens to be the

                   registered owner of the motorcycle in question, arrested

                   co-accused, who is the husband of the petitioner, was in

                   possession of the motorcycle in question, at the relevant

                   time and the petitioner has got no criminal antecedent, I

                   am inclined to grant the petitioner privilege of

                   anticipatory bail.

              6.   This application is, accordingly, allowed.
            Patna High Court CR. MISC. No.24212 of 2026(2) dt.22-04-2026
                                                        3/3




                          7.   Let the petitioner, above named, in the event of her arrest

                               or surrender before the Court below within four weeks, be

                               released on bail on furnishing bail bond of Rs. 10,000/-

                               (ten thousand) with two sureties of the like amount each

                               to the satisfaction of learned Exclusive Special Excise

                               Court No. I, Rohtas, at Sasaram, in connection with

                               Bikramganj Excise Police Station Case No. 19 of 2026

                               (Excise Case No. 213 of 2026), subject to the condition

                               laid down under Section 482 (2) of the Bharatiya Nagarik

                               Suraksha Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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