Patna High Court
Phulakeshwari Devi @ Fulakeshwari KunwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Phulakeshwari Devi, sought anticipatory bail after 2 litres of country-made liquor were recovered from her motorcycle in a case under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed she was merely the owner of the motorcycle and had no knowledge of the illicit liquor, emphasizing her clean criminal record and that she is the mother of the co‑accused who was caught with the liquor. The State opposed the bail application. The court considered the facts, the petitioner's lack of antecedents, her gender, and the possibility of surrender within six weeks. It ordered that she be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was to be granted to the Special Judge, Excise‑1, Rohtas.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's clean antecedent, gender, and circumstances justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- female petitioner
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32264 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Phulakeshwari Devi @ Fulakeshwari Kunwar Wife of Late Kameshwar Ram
@Kameshwar Paswan Resident of Village- Rampur Bharetha, P.S.-
Kachchawa, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. There is recovery of 2 litres country made liquor
from the petitioner’s motorcycle.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case being the owner of the motorcycle in question. The
Petitioner is the mother of co-accused Mukesh Kumar, who was
apprehended on the spot with a motorcycle carrying illicit
liquor. Petitioner had no knowledge about carrying illicit liquor
Patna High Court CR. MISC. No.32264 of 2026(2) dt.13-05-2026
2/2
on her motorcycle. Petitioner has no criminal antecedent and
she undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and clean
antecedent of the petitioner, who is a lady, in the event of arrest
or surrender before the Court below within six weeks from
today, the petitioner 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 Special Judge,
Excise-1, Rohtas at Sasaram in connection with Excise Case
No. 703 of 2026, (Bikramganj) Excise P.S. Case No. 68 of 2026,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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