Patna High Court
Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The High Court held that the petitioner is entitled to bail, subject to conditions, as her ownership does not alone establish culpability and she has a clean antecedent.
Summary
Kajal Kumari was implicated in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 62.5 litres of foreign liquor were seized from a toto vehicle that was registered in her name. The driver arrested at the scene identified Mohit Kumar as the actual owner, but the investigation revealed that the petitioner was the registered owner, though she was not present at the incident. The petitioner pleaded innocence, citing lack of presence, clean antecedent, and that the vehicle was being used by Mohit Kumar due to financial constraints. The State opposed bail, arguing the petitioner’s ownership linked her to the offence. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to verification of criminal antecedent and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner, as the registered owner of the vehicle from which liquor was seized, is entitled to bail under Section 482(2) of the B.N.S.S.
- Whether the petitioner’s absence at the scene and clean antecedent justify the grant of bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- vehicle ownership
- criminal antecedent
- Section 482(2) inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37453 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- NEMDARGANJ District- Nawada
======================================================
Kajal Kumari W/O Raushan Kumar R/o - Kazi Bigha, P.S - Nardiganj,
District – Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 27-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Nemdarganj P.S. Case No. 136 of 2026, for
allegedly having committed offence under Sections 30(a) of
Bihar Prohibition and Excise Act.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that on 01.04.2026, during course of
vehicle checking, one toto vehicle was stopped, however the
driver along with the vehicle tried to flee away. Upon chase, the
driver was apprehended. Upon search of the vehicle, total 62.50
liters of Indian made foreign liquor was recovered from a box,
which was found in between two seats and the driver, who was
apprehended, disclosed his name as Vishal Kumar. A seizure list
was prepared and it was disclosed that the toto belongs to Mohit
Patna High Court CR. MISC. No. 37453 of 2026(2) dt.27-05-2026
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Kumar.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the apprehended person
disclosed the name of the owner of the toto to be Mohit Kumar.
He further submits that although the vehicle was purchased in
the name of the present petitioner but, due to paucity of money,
the said vehicle was handed over to the dealer and the vehicle
was plying on the road under the guidance of Mohit Kumar. The
name of the petitioner could not be transferred in the registration
records. He further submits that the petitioner was not even
present at the place of occurrence. The petitioner has got clean a
antecedent.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the records, it appears that total 62.50 liters of
Indian made foreign liquor was recovered from a toto and the
driver was apprehended. The driver disclosed the name of the
one Mohit Kumar, as the owner of the vehicle, however during
course of investigation, it transpired that the actual owner of the
vehicle is the petitioner. The petitioner was not present at the
Patna High Court CR. MISC. No. 37453 of 2026(2) dt.27-05-2026
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place of occurrence, therefore there is no question of any
recovery from her. The petitioner bears a clean antecedent.
Considering the facts and circumstances of the case, let the
petitioner, above named, in the event of arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court of
Exclusive Special Excise Court-1, Nawada in connection with
Nemdarganj P.S. Case No. 136 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further condition:
(1) 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 his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
Ajay/Mridula/-
U T
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