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Patna High Court

Pramila Devi @ Pramila KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedent.

Summary

Petitioner Pramila Devi, the owner of a vehicle in which 144.750 litres of liquor were seized, applied for anticipatory bail under Section 438 of the CrPC for alleged offences under Sections 30(a) and 32(3) of the Excise Act. She argued that she was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that her driver misused the vehicle. The State opposed the bail. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of her criminal antecedent. The order also required her to deposit Rs.2,500 with the Lawyers’ Association. The application was allowed, with the proviso that the provisional bail will be confirmed only if she is found to have a clean antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the vehicle owner accused under Sections 30(a) and 32(3) of the Excise Act.
  • Whether the petitioner’s prior criminal case and her ownership of the vehicle affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Section 32
  • Section 438
  • High Court
  • vehicle owner
  • liquor seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.956 of 2026
                    Arising Out of PS. Case No.-1227 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Pramila Devi @ Pramila Kumari Wife of Ravindra Kumar Mishra Resident of
                 Village - Bibiganj, P.S.- Sadar, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Priyesh Kumar
                 For the Opposite Party/s :         Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) and 32(3) of the Excise Act.

                                3. In view of the submissions made by the learned

                   counsel appearing on behalf of the petitioner, the defects as

                   pointed out by the office with regard to typed copy of some of

                   the pages is hereby ignored.

                                4. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and is a woman and

                   allegation is of recovery of 144.750 litres of liquor from a

                   Scorpio vehicle.

                                5. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.956 of 2026(2) dt.29-01-2026
                                            2/3




          petitioner was not arrested from the spot, as such, nothing was

          recovered from her conscious possession and it is not the case of

          the prosecution that they saw a woman fleeing from the place of

          occurrence, but then, 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 a crime and thus, would create evidence against

          herself and hence, would get implicated. It is further submitted

          that petitioner was completely unaware that her driver would

          misuse the vehicle in the manner as alleged.

                       6. Learned A.P.P. opposes the anticipatory bail

          application.

                       7. 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, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) 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 Excise P. S. Case No.1227 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.956 of 2026(2) dt.29-01-2026
                                                           3/3




                                      8. The application stands allowed.

                                      9. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if 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.

                                      10.        At this stage, the learned counsel appearing

                         on behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.2500/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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