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Patna High Court

Kajal KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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