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Patna High Court

Laxmi KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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