Patna High Court
Ram Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with the stipulated bond and sureties.
Summary
Ram Kumari Devi, the owner of a motorcycle from which 28.365 litres of liquor and cash were seized, feared arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. She argued that she had no knowledge of the liquor being transported, had a clean criminal record, and that ownership of the vehicle alone should not implicate her. The State opposed her application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed verification of her antecedent. If any prior case is found, the bail would be cancelled; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Bihar Code of Criminal Procedure.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the Bihar Code of Criminal Procedure?
- Whether mere ownership of the vehicle from which liquor was seized is sufficient grounds to deny anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- bail bond
- surety
- criminal procedure
- liquor seizure
- vehicle ownership
- clean antecedent
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91018 of 2025
Arising Out of PS. Case No.-328 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Ram Kumari Devi Son of Ganesh Saday R/o Village - Padma, P.S. -
Ladaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Adv
Mr. Gagan Deo Yadav, Adv
Mr. Vinod Kumar, Adv
For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 28.365 litres of liquor from a
motorcycle along with Rs. 13,890 Indian currency and Rs.
35,500 Nepali currency.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and she came to be
Patna High Court CR. MISC. No.91018 of 2025(2) dt.12-01-2026
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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 hence would get implicated,
it is further submitted that petitioner was completely unaware
that Dharmendra 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, the petitioner above-named, in the
event of her 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 Ladaniya
P.S. Case No. 328 of 2025, subject to the conditions as laid
down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
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seeking anticipatory bail, had concealed her antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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