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Patna High Court

Kamni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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