Jyoti Kumari @ Joti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38839 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- Excise P.S. District- Kishanganj ====================================================== Jyoti Kumari @ Joti Kumari W/o Tufani Kumar Singh @ Tufano Lal Singh R/o Village- Mahesh Bathna Ward No. 4, P.S. and District- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Madya Nisedh P.S. Case No. 151 of 2025, lodged on 17.03.2025, under Sections 30(a)/32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 8.125 litres of foreign liquor has been made which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.38839 of 2025(2) dt.25-06-2025 2/2 submits that the said recovery has been made from the vehicle and her husband was apprehended but motorcycle was in the name of the wife only due to the reason the owner of the vehicle her name has figured. Counsel submits that the criminal antecedent of the petitioner is clean. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon her.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Considering the fact that petitioner is the owner of the vehicle and wife of the co-accused who has been arrested, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise-2, Kishanganj, in connection with Madya Nisedh P.S. Case No. 151 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T