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Patna High Court

Pramila KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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