Patna High Court
Kalpana DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to bond, sureties and verification of antecedent.
Summary
Kalpana Devi applied for pre‑arrest bail in a case (CI 411 of 2019) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 10.050 litres of English wine were seized from a motorcycle registered in her name. She contended that the bike was being driven by her husband, who was apprehended, and that she had no involvement in the liquor trade and possessed a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted her pre‑arrest bail on the condition of furnishing a Rs.10,000 bond with two sureties and verification of her criminal antecedent, directing that the order would lapse if she is found involved in other cases. The bail application was disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether registration of the motorcycle in the petitioner’s name makes her liable for the alleged offence.
- Whether the petitioner’s clean antecedent and the husband’s alleged involvement justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- vehicle registration
- clean antecedent
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43819 of 2026
Arising Out of PS. Case No.-411 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- Purnia
======================================================
Kalpana Devi W/o Sri Ramesh Kumar Yadav Resident of Village-Mahiyarpur,
Post Office - Saountha, Police Station-Jalalgarh, Dist.-Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Jha, Advocate.
For the Opposite Party/s : Mr.Ramesh Chandra, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Case No. C.I. 411 of 2019 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. Allegation is of recovery of 10.050 litres of English
wine from the box of the Glamour motorcycle bearing
Registration No. BR11AD 0277.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and she has
committed no offence as alleged. The motorcycle from which
Patna High Court CR. MISC. No.43819 of 2026(2) dt.08-07-2026
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liquor was recovered was being driven by the husband of the
petitioner and the petitioner has been made accused because the
motorcycle is registered in her name. She has no concern either
with the seized liquor or trade of liquor in any manner. The
petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties and the nature of allegation against the
petitioner and the fact that the motorcycle which is registered in
the name of the petitioner was being driven by her husband who
was apprehended on the spot, the petitioner, above named, who
is a female having clean antecedent, is directed to be released on
pre-arrest bail, in the event of her arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District Court where the case is pending in connection with CI
Case No. 411 of 2019, subject to the condition as laid down
under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
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is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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