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Patna High Court

Phulakeshwari Devi @ Fulakeshwari KunwarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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