Patna High Court
Renu KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioner, subject to conditions, as ownership alone did not establish culpability.
Summary
The petitioner, Renu Kumari, sought anticipatory bail after the police recovered 60 litres of country‑made Mahua wine from her motorcycle in a case under Section 30(a) of the Bihar Prohibition of Excise Act. The prosecution alleged that the liquor was being transported by a co‑accused, Nikku Kumar (Santanu), who is the petitioner’s son, and argued that ownership of the vehicle implicated the petitioner. The petitioner contended she was not named in the FIR, was absent from the scene, has no criminal antecedent, and the motorcycle was misused by her son without her knowledge. The State opposed bail, asserting that ownership alone warranted denial of anticipatory bail. Considering the petitioner’s clean record, non‑presence at the occurrence, and the circumstances, the Court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether ownership of a vehicle from which illicit liquor is recovered makes the owner liable under the Bihar Prohibition of Excise Act.
- Whether the petitioner is entitled to anticipatory bail despite the recovery of contraband from her motorcycle.
- Whether the petitioner’s clean antecedent and absence from the scene justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition of Excise Act
- Section 30(a)
- Section 482(2)
- ownership of vehicle
- Mahua wine
- clean antecedent
- criminal liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9186 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Renu Kumari W/o Braj Kishore Prasad R/o Village - Varvigaha (Barbigaha),
P.S - Islampur, District – Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mrs. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending her arrest in
connection with Islampur P.S. Case No. 459/2025 registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, there is alleged
recovery of 60 liters country made Mahua Wine from the
motorcycle in question and one co-accused Nikku Kumar @
Santanu was apprehended on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that the petitioner is not named in
the FIR. During the course of investigation, the name of the
Patna High Court CR. MISC. No.9186 of 2026(2) dt.18-02-2026
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petitioner has been transpired in this case as the owner of the
seized motorcycle in question. He further submits that the
petitioner is not in any way connected with the alleged
occurrence. The petitioner was not found at the place of
occurrence. He orally submits that the said motorcycle was
misused by the apprehended co-accused Nikku Kumar @
Santanu who was the son of the petitioner, for carrying the illicit
liquor and the petitioner cannot be held liable for the alleged
recovery. The petitioner is a lady and bears no criminal
antecedent. In the light of the aforesaid facts and circumstances
of the case, no case is made out against the petitioner under the
provision of Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is the owner of the said motorcycle from which 60
litre country made Mahua liquor was recovered. Hence, the
petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of the
case, petitioner is a lady, keeping in view clean antecedent of
petitioner, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
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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 anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of learned
Additional Session Judge-VII cum Special Judge Excise Court,
Hilsa, Nalanda in connection with Islampur P.S. Case No.
459/2025, subject to the conditions as laid down under Section
482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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