Patna High Court
Nilam Kumari @ Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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/-
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