Patna High Court
Dauly DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of her criminal antecedent.
Summary
Dauly Devi, the wife of Kamlesh Kumar, applied for anticipatory bail after a police case (Excise P.S. Case No. 229 of 2026) alleged that 26.5 litres of liquor were recovered from a scooty she owned. She argued that she had a clean antecedent, was not present at the spot of seizure, and was unaware that her husband might have misused the vehicle. The State opposed the bail, contending that the vehicle was used in the alleged offence. The Court, considering the petitioner's clean record and lack of direct involvement, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her antecedent by the trial court. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged liquor seizure.
- Whether the ownership of the vehicle implicates the petitioner in the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- excise offence
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27903 of 2026
Arising Out of PS. Case No.-229 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Dauly Devi W/o Kamlesh Kumar R/o Village - Furhuriya, PS - Paraiya,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 26.5 litres of liquor from a Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that petitioner 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,
Patna High Court CR. MISC. No.27903 of 2026(2) dt.28-04-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that her husband would misuse the vehicle
in the manner as alleged who was also apprehended from the
spot along with Priti Kumari. It is submitted that it is not the
case of the prosecution that they saw any women fleeing from
the place of occurrence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of her arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees
Five Hundred) 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 Excise P.S. Case
No. 229 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed her
Patna High Court CR. MISC. No.27903 of 2026(2) dt.28-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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