Kavita Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kavita Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: release on bail in the event of arrest or surrender before the Trial Court within four weeks from the date of the order, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria, in connection with Araria Excise P.S. Case No. 57/2026, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Araria Excise P.S. Case No. 57/2026 (offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018), is entitled to be released on bail in the event of arrest or surrender.

Court's answer

In the facts and circumstances of the case, the petitioner is to be released on bail, in the event of arrest or surrender before the Trial Court within four weeks from the date of the order, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria, in connection with the aforementioned case.

Ratio / Principle

The release on bail is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. Kavita Devi apprehended arrest in Araria Excise P.S. Case No. 57/2026, lodged on 13.02.2026 under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, relating to alleged recovery of 33 liters of Nepali liquor from a motorcycle. Learned counsel for the petitioner contended that nothing was recovered from her possession and that her name surfaced only as registered owner of the motorcycle, which was taken by the petitioner's nephew without permission; antecedents were stated to be clean, a point the learned APP conceded while opposing bail. Dr. Anshuman, J., directed release on bail in the event of arrest or surrender before the Trial Court within four weeks, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (bond quantum referenced to Section 2(1)(d)).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36353 of 2026

Arising Out of PS. Case No.-57 Year-2026 Thana- Excise P.S. District- Araria

======================================================

Kavita Devi W/O Suresh Yadav R/O Village- Chaoda Manikpur, Ward No. 7, P.S.- Fulkaha, Dist.- Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrigendra Kumar, Advocate For the Opposite Party/s : Mr.Arun Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 03-06-2026

The Court proceeding is being conducted through

virtual mode.

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner who apprehends arrest in connection with Araria Excise P.S. Case No. 57/2026 lodged on 13.02.2026, for the offences punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution, total recovery of 33 liters Nepali liquor, recovered from a motorcycle, is the subject matter

Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026 2/3

of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, nothing has been recovered from the possession of the petitioner, but name of the petitioner has surfaced in this case only due to the reason that the petitioner is the registered owner of the motorcycle from which the alleged recovery was shown. Learned counsel for the petitioner further submits that the though the petitioner is the registered owner of the vehicle but his vehicle was taken by his nephew without his permission. However, he undertakes that in future he shall not repeat such mistake. The antecedent of the petitioner is clean.

Learned APP for the State opposes the prayer for bail but concedes that the antecedent of the petitioner is clean.

7 . In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/-₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 , to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria , in

Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026 3/3

connection with the aforementioned case , subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 .

(Dr. Anshuman, J)

Ashwini/Manshi

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