Jyoti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35323 of 2026 Arising Out of PS. Case No.-181 Year-2026 Thana- MADHAURAH District- Saran ====================================================== Jyoti Kumari W/o Suraj Kumar Ram @ Suraj Ram Resident of Village - Dayalpur, P.S - Dayalpur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Parasar, Adv.
For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Marhowrah P.S. Case No. 181 of 2026 dated 27.02.2026 registered for the offence punishable under Section/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 and Section 11 of the Gambling Act.
3. The prosecution case, in brief, is that acting on secret information regarding alleged gambling activities near the river bank at Narayan Chak, the police conducted a raid and apprehended five persons while others allegedly fled away. It is alleged that cash amounting to Rs. 830/- and one pack of playing cards were recovered from the accused persons, along with 750 grams of country-made liquor and one motorcycle
Patna High Court CR. MISC. No.35323 of 2026(2) dt.27-05-2026 2/3 from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is next submitted that the recovery of the seized article is said to have been made from the bank of river situated near Narayan Chak in front of the Masjid. It is the case of the petitioner that the petitioner is in no way connected with the seized article and the alleged motorcycle, which is standing in the name of the petitioner, was taken by her husband to visit the agriculture field where harvesting of crops was being done. Lastly, it is submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant of anticipatory bail.
6. Having heard learned counsel for the parties and considering the fact that nothing incriminating has been recovered from the constructive possession of the petitioner as also the petitioner bearing no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of her arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.35323 of 2026(2) dt.27-05-2026 3/3 amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Marhowrah P.S. Case No. 181 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) rishi/- U T