Patna High Court
Pramila KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, pending verification of her antecedent.
Summary
The petitioner, Pramila Kumari, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016, where 750 ml of liquor was recovered from a motorcycle she owned. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that the vehicle would be misused by another person, Rohan Kumar. The State opposed the bail. The Court considered the lack of direct possession, the petitioner’s clean antecedent, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and to verification of her antecedent by the trial court; if any prior case is found, the bail will not be confirmed. The order is made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in direct possession of the contraband and claims lack of knowledge of its misuse.
- Whether ownership of a vehicle used for illegal liquor transport makes the owner liable under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail under Section 438(2) Cr.P.C.
Legislation cited
- BNSS Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- Section 438
- Section 482
- clean antecedent
- vehicle ownership
- liquor seizure
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89250 of 2025
Arising Out of PS. Case No.-948 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Pramila Kumari W/O Raj Kumar Prasad @ Rajkumar Gupta Resident of
Village - Bhusunda, Beldari Tola, P.S.- Buniyadganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 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 offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise (Amendment) Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is woman and
allegation is of recovery of 750 ml. of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that she is
owner of the seized vehicle. It it next submitted that no prudent
person would use her own vehicle for committing an occurrence
Patna High Court CR. MISC. No.89250 of 2025(3) dt.22-01-2026
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and thus would create evidence against herself and hence would
get implicated. It is also submitted that petitioner was
completely unaware that Rohan Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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 Gaya
Excise P.S. Case No. 948 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed her antecedent
Patna High Court CR. MISC. No.89250 of 2025(3) dt.22-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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