Patna High Court
Kamni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that mere ownership of the vehicle, without presence at the offence and with no criminal antecedent, does not preclude the grant of anticipatory bail.
Summary
Kamni Devi, the owner of an E‑Rickshaw from which 1.125 litres of illicit liquor was seized, applied for anticipatory bail. She was not present at the time of seizure and had no knowledge of the liquor being carried. The petition highlighted that the actual accused were her nephews who operated the vehicle, and she has a clean criminal record. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court, noting her absence, lack of antecedent and gender, granted conditional anticipatory bail, subject to a bond and verification of any concealed antecedent.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is seized, but who was not present at the incident, is liable to be denied anticipatory bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- owner liability
- gender consideration
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34035 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- RAHIKA District- Madhubani
======================================================
Kamni Devi W/o Sarvan Mishra R/o Village- Saurath, PS- Rahika, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends her arrest in connection
with Rahika P.S. Case No.58 of 2026, for allegedly having
committed offences under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the allegations, levelled in the First
Information Report, which has been lodged on the basis of the
written report of the informant, to the effect that on 02.03.2026,
while he along with some Constable was on patrolling duty and
were checking vehicles near Saurath Musahari Tole Pond at
about 02:30 hours, one E-Rickshaw was seen coming. Upon
seeing the police party, the E-Rickshaw started fleeing away, but
on chase, two persons were arrested from the E-Rickshaw and
Patna High Court CR. MISC. No.34035 of 2026(2) dt.18-05-2026
2/3
they disclosed their names as Anshu Mishra and Shivam Mishra.
In presence of the witnesses, search and seizure was conducted
upon which 1.125 litres of illicit liquor was recovered from the
E-Rickshaw and the same was seized and a seizure list was
prepared.
4. The learned counsel for the petitioner submits that
the petitioner is a lady and she was not present at the place of
occurrence. Her name has transpired in the case only on the fact
that she is the owner of the said E-Rickshaw. The apprehended
co-accused are the nephews of the petitioner who used to look
after the affairs of the E-Rickshaw. The co-accused used to earn
their livelihood by plying the said E-Rickshaw. The petitioner
has got no connection with the seized liquor or even was not in
the knowledge that liquor was being carried out on the said E-
Rickshaw. It is further submitted that the petitioner has got a
clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that the petitioner
was not present at the place of occurrence. Her name has
transpired during course of investigation, since she is the owner
Patna High Court CR. MISC. No.34035 of 2026(2) dt.18-05-2026
3/3
of the seized E-Rickshaw, from which illicit liquor was
recovered. Further, there is no criminal antecedent against the
petitioner and she is a lady.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of her arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise Act, Madhubani in connection
with Rahika P.S. Case No.58 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed her criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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