Sunaina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35820 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- NARHATT District- Nawada ====================================================== Sunaina Kumari D/o Ram Bali Rajvanshi R/o Village - Sri Rampur, P.S - Hisua, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 26-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in connection with Narhat P.S. Case No. 85 of 2026, for allegedly having committed offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that the police received an information that one Apache motorcycle along with the pillion rider is coming with country made liquor from Pathraul. To verify the authenticity of the said information, the informant along with the police personnel reached village Hasanpur and found that one blue colour motorcycle is coming. Upon seeing the police party, the person riding the
Patna High Court CR. MISC. No.35820 of 2026(2) dt.26-05-2026 2/3 motorcycle fled away, after leaving the same. Upon search, 20 litres of country made liquor was recovered from the motorcycle bearing Registration No.BR27T-5463 and accordingly, the seizure list was prepared.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that the petitioner has got no concern with the aforesaid occurrence and has falsely been implicated in this case. The liquor, which has been seized by the police, was recovered near the house of Santosh Rajvanshi and the petitioner has got no concern with the alleged seizure. He further submits that the name of the petitioner transpired in the present case, since she is the owner of the seized motorcycle. It is further submitted that the petitioner is a lady and has got a clean antecedent.
5. Per contra, the learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner does not deserve the privilege of anticipatory bail, since she was found indulged in selling country made liquor.
6. Having considered the rival submissions and after going through the records, it appears that the petitioner was not named in the F.I.R. Her name transpired in the present case only on the basis of the fact that she is owner of the alleged seized
Patna High Court CR. MISC. No.35820 of 2026(2) dt.26-05-2026 3/3 motorcycle from which 20 litres of country made liquor was recovered. Further, the petitioner has got a clean antecedent and she is a lady.
7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of her arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise-1, Nawada in connection with Narhat P.S. Case No.85 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T