Kalpana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43819 of 2026 Arising Out of PS. Case No.-411 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Kalpana Devi W/o Sri Ramesh Kumar Yadav Resident of Village-Mahiyarpur, Post Office - Saountha, Police Station-Jalalgarh, Dist.-Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Jha, Advocate.
For the Opposite Party/s :
Mr.Ramesh Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Case No. C.I. 411 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Allegation is of recovery of 10.050 litres of English wine from the box of the Glamour motorcycle bearing Registration No. BR11AD 0277.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has committed no offence as alleged. The motorcycle from which
Patna High Court CR. MISC. No.43819 of 2026(2) dt.08-07-2026 2/3 liquor was recovered was being driven by the husband of the petitioner and the petitioner has been made accused because the motorcycle is registered in her name. She has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner and the fact that the motorcycle which is registered in the name of the petitioner was being driven by her husband who was apprehended on the spot, the petitioner, above named, who is a female having clean antecedent, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with CI Case No. 411 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner
Patna High Court CR. MISC. No.43819 of 2026(2) dt.08-07-2026 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T