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Patna High Court

Kamlawati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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