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Patna High Court

Kalpana DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.43819 of 2026(2) dt.08-07-2026
                                                       3/3




                     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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