Patna High Court
Kanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
Kanti Devi, the owner of a scooty used by her son Raushan Kumar to transport illicit liquor, feared arrest under IPC Section 414 and Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. She filed an anticipatory bail application before the Patna High Court. The court noted that she is a woman and the vehicle is registered in her name, but she is not alleged to have directly participated in the offence. Considering these facts, the court granted anticipatory bail, directing that if arrested within six weeks she be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Sections 438(2) and 482 of the CrPC. The order was limited to the bail application and did not prejudice the merits of the underlying criminal case.
Issues considered
- Whether the registered owner of a vehicle used to transport illicit liquor can be granted anticipatory bail under the applicable provisions.
- Whether the petitioner’s apprehension of arrest under IPC Section 414 and Bihar Prohibition and Excise Act Sections 30(a) and 30(c) justifies denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- IPC Section 414
- Criminal Procedure Code
- gender considerations
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41608 of 2026
Arising Out of PS. Case No.-593 Year-2021 Thana- ALAMGANJ District- Patna
======================================================
Kanti Devi W/O Mandal Prasad R/O Nahar Road, Devi Sthan, Rampur, P.S.-
Bahadurpur, Distt.- Patna. (Owner of Scooty bearing Reg. No. BR01DX4019,
Chesis No. ME4JF50AJJ7206815, Engine No. JF50E77204645)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 None for the petitioner. Learned APP for the State is
present.
2. The petitioner apprehends arrest in connection
with Alamganj P.S. Case No. 593 of 2021 instituted under
Sections 414 of the Indian Penal Code and Sections 30(a) and
30(c) of the Bihar Prohibition and Excise Act.
3. The petitioner is the mother of the accused
Raushan Kumar from whom the recovery of illicit liquor has
been made as he was carrying the illicit liquor in a scooty and
the petitioner is the registered owner of the scooty.
4. Considering the aforesaid and the fact that the
petitioner is a woman, her application for anticipatory bail is
allowed.
Patna High Court CR. MISC. No.41608 of 2026(2) dt.08-07-2026
2/2
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Couret of Excise, Patna City, District-Patna/ concerned
Court below in connection with Alamganj P.S. Case No. 593 of
2021, subject to the conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
6. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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