Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner subject to a bond of ₹30,000 and compliance with the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Kavita Devi, was implicated in an excise case (Araria Excise P.S. Case No. 57/2026) after 33 litres of Nepali liquor were recovered from a motorcycle registered in her name. She contended that she had no knowledge of the contraband, asserting that the vehicle was taken by her nephew without permission, and maintained a clean antecedent. The State opposed bail but also acknowledged her clean record. The court considered the facts, the applicable provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023, and the petitioner's lack of prior offences. It ordered that bail be granted upon surrender within four weeks, subject to a bond of ₹30,000 and compliance with Section 482(2) of the Sanhita. The order was delivered virtually by Justice Dr. Anshuman.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner's clean antecedent and lack of direct possession of the contraband justify bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- bail
- excise
- possession
- motor vehicle
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36353 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Kavita Devi W/O Suresh Yadav R/O Village- Chaoda Manikpur, Ward No. 7,
P.S.- Fulkaha, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner who apprehends arrest in connection
with Araria Excise P.S. Case No. 57/2026 lodged on 13.02.2026,
for the offences punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
4. As per the prosecution, total recovery of 33 liters
Nepali liquor, recovered from a motorcycle, is the subject matter
Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026
2/3
of the present case.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. In fact,
nothing has been recovered from the possession of the
petitioner, but name of the petitioner has surfaced in this case
only due to the reason that the petitioner is the registered owner
of the motorcycle from which the alleged recovery was shown.
Learned counsel for the petitioner further submits that the
though the petitioner is the registered owner of the vehicle but
his vehicle was taken by his nephew without his permission.
However, he undertakes that in future he shall not repeat such
mistake. The antecedent of the petitioner is clean.
6. Learned APP for the State opposes the prayer for
bail but concedes that the antecedent of the petitioner is clean.
7. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
satisfaction of the learned District and Additional Sessions
Judge-cum-Exclusive Special Excise Judge-II, Araria, in
Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026
3/3
connection with the aforementioned case, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.