Pramila Devi @ Pramila Kumari v. The State Of Bihar

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 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