Patna High Court

Pramila Devi @ Parmila DeviversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedents.

Summary

The petitioner, Pramila Devi, sought anticipatory bail after a motorcycle she owned was seized with 98.6 litres of liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that the vehicle was being misused by another person, Amod, who was apprehended. The State opposed the bail, contending that the seizure implicated her as the vehicle owner. The Court considered her clean antecedent, gender, and lack of direct possession of the liquor, and granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with verification of her antecedents by the trial court. If any prior case is discovered, the bail will be revoked; otherwise, it will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
vehicle owner liability
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58356 of 2025
                     Arising Out of PS. Case No.-24 Year-2021 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Pramila Devi @ Parmila Devi W/O Chhotelal Singh R/O Village- Sangwadih
                 Chero Tola, PS- Gopalpur, District- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Indrajeet Bhushan, Adv.
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 98.6 litres of liquor from a

                   motorcycle. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from her conscious

                   possession and she came to be implicated based on the fact that

                   she is owner of the seized vehicle. It is next submitted that no

                   prudent person would use her own vehicle for committing an

                   occurrence and thus would create evidence against herself and
Patna High Court CR. MISC. No.58356 of 2025(3) dt.06-01-2026
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          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Amod would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Gopalpur

          P.S. Case No.24/2021, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.58356 of 2025(3) dt.06-01-2026
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                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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