Patna High Court
Kajal 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 antecedent.
Summary
Kajal Devi, the owner of a motorcycle from which 450 litres of liquor were seized, was implicated in offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that her friend misused her vehicle. The State opposed her anticipatory bail application. The Court, considering her clean antecedent and lack of direct involvement, granted provisional anticipatory bail on the condition of a Rs.500 bond and two sureties, subject to verification of her criminal antecedent by the trial court. If any antecedent is discovered, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without direct possession of the contraband.
- Whether the petitioner’s clean antecedent warrants the grant of bail pending verification.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30004 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- BASOPATTI District- Madhubani
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Kajal Devi W/o Rambaran Mandal R/o Village- Jankinagar, Ward No 13, PS-
Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 274, 275
and 3(5) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
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 450 litres of liquor from two
motorcycles as detailed in the FIR.
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 one of the seized vehicles. It is further submitted that
Patna High Court CR. MISC. No.30004 of 2026(2) dt.06-05-2026
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no prudent person would use her own vehicle for committing an
occurrence and, thus, would create evidence against herself and,
hence, would get implicated. It is also submitted that petitioner
was completely unaware that her friend would misuse the
vehicle in the manner as alleged who also fled from the spot. It
is lastly submitted that it is not the case of the prosecution that
they saw a woman 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 Basopatti P.S. Case
No. 12 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,
Patna High Court CR. MISC. No.30004 of 2026(2) dt.06-05-2026
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it would be presumed that petitioner had concealed her
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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