Patna High Court
Kamlawati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of her antecedents and compliance with the stipulated conditions.
Summary
Kamlawati Devi, the owner of a motorcycle from which 14 litres of liquor were recovered, sought anticipatory bail after being implicated under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018. She argued that she had no conscious possession of the liquor, had a clean antecedent, and was unaware that another person misused her vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, and directed the trial court to verify her criminal antecedents. If any antecedent is found, the bail would not be confirmed; if she is found clean, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018
- Whether ownership of the vehicle and lack of conscious possession of liquor negate criminal liability
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- possession
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33587 of 2026
Arising Out of PS. Case No.-849 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Kamlawati Devi W/o Ranjit Singh Resident of Village - Karsarawa, P.S. -
Srirampur, Dist. - Dewariya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 offence punishable under Sections 30(a) and
32 of Bihar Prohibition and Excise Amendment Act, 2018.
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 14 litres of liquor from a motorcycle.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from her conscious possession
and she 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 would
Patna High Court CR. MISC. No.33587 of 2026(2) dt.14-05-2026
2/3
get implicated. It is also submitted that the petitioner was
completely unaware that Deepak would misuse the vehicle in
the manner as alleged who was also apprehended from the spot
along with Rajan.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.849/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.33587 of 2026(2) dt.14-05-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.