Prity Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36999 of 2025 Arising Out of PS. Case No.-2497 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Prity Kumari W/o Roshan Kumar @ Raushan Kumar R/o Village- Kurthaul, Yadavchak, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2025
1. Heard the parties.
2. The petitioner apprehends her arrest in connection with Excise Patna P.S. Case No. 2497 of 2024 dated 24.10.2024 registered under Section 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case the on 24.10.2024 police got secret information that three miscreants riding on a motorcycle bearing registration no. BR01HY2725 were selling wine at Yadav Chak, reached at the place of occurrence and recovered 45.850 liters of illicit liquor from the accused Vikash Kumar and 01 liters of illicit liquor from the co-accused Pintu Kumar and arrested both of them while one Roshan Kumar succeeded in fleeing away.
4. Learned counsel for the petitioner submits that petitioner is
Patna High Court CR. MISC. No.36999 of 2025(2) dt.25-06-2025 2/3 innocent and she has not committed any offence in the manner alleged. The petitioner has falsely been implicated merely because she happens to be the registered owner of the motorcycle in question bearing registration no. BR01HY2725. The apprehended person disclosed the name of one Roshan Kumar, who is husband of the petitioner as the person who succeeded in fleeing away and was indulged in transportation of illicit liquor on the said motorcycle and the petitioner was unaware about it. The petitioner is a lady having no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is a lady having no criminal antecedent and she has been made accused on the ground of being the registered owner of the motorcycle in question accordingly, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Court Excise-III, Patna in connection with Excise Patna P.S.
Patna High Court CR. MISC. No.36999 of 2025(2) dt.25-06-2025 3/3 Case No. 2497 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anil Kumar Sinha, J) praful/- U T