Patna High Court
Laxmi KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail, subject to bond and surety conditions, as the court found a prima facie case in her favour and noted her clean antecedent.
Summary
The petitioner, Laxmi Kumari, sought pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 21.885 litres of illicit liquor recovered from a tempo she owned. She claimed she was not present at the time of seizure and that the vehicle was being used by her son, who was the co‑accused, and that she had a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the FIR, the petitioner’s clean antecedent, and the State’s failure to enforce its liquor policy, held that a prima facie case existed in favour of granting bail. Accordingly, the Court directed that she be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS, and ordered the District Court to verify her criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the facts disclosed in the FIR establish a prima facie case against the petitioner sufficient to deny bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS apply to the grant of pre‑arrest bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- vehicle ownership
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482(2)
- BNSS
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25449 of 2026
Arising Out of PS. Case No.-371 Year-2025 Thana- RAJAON District- Banka
======================================================
Laxmi Kumari W/O Pawan poddar R/O Village/Mohalla- Barkop-Deru, P.S-
Dhuraiya, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Shubhesh Pandey, learned counsel
appearing on behalf of the petitioner and Mr. Arun Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Rajaun P.S. Case No. 371 of 25 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 21.885
litres of illicit liquor was recovered from a tempo bearing
Registration No.JH17M 7603.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
Patna High Court CR. MISC. No.25449 of 2026(2) dt.22-04-2026
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not present and she has been made accused in this case, being
the owner of the vehicle in question, which was given by the
petitioner to co-accused/her son and the same was being
driven by him at the time of said incidence and as such the
petitioner had no idea that he was carrying liquor on the said
vehicle. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner has clean
antecedent and also the fact that the State has failed to
implement its liquor policy in its true spirit, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of her arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Rajaun P.S. Case No. 371 of 25,
Patna High Court CR. MISC. No.25449 of 2026(2) dt.22-04-2026
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subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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