Komal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42187 of 2026 Arising Out of PS. Case No.-39 Year-2026 Thana- Manikpur District- Lakhisarai ====================================================== Komal Kumari W/O Raj Kumar R/O Village- Surajpura (Khalikpur), P.S.- Surajgraha, Distt.- Lakhisarai, Paternal Address- D/O Santosh Madal, R/O Village- Jasidih, P.S.- Dharahra, Distt.- Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar Pandey, Advocate For the Opposite Party :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Manikpur P.S. Case No.39 of 2026 registered under Sections 30(a) and 32(iii) of Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 8 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for the reason that she is the owner of the motorcycle bearing
Patna High Court CR. MISC. No.42187 of 2026(2) dt.01-07-2026 2/3 Registration No. BR08Q 7166, which was involved in carrying consignment of liquor. It is also submitted that petitioner was not present at the spot and also petitioner is not in any way connected with the said liquor. It is further submitted that recovery of illicit liquor was not made from her conscious possession of this petitioner. It is further argued that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a lady of clean antecedent, accordingly, the petitioner, above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to 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
Patna High Court CR. MISC. No.42187 of 2026(2) dt.01-07-2026 3/3 learned A.D.J.- IV, Court No. 1, Lakhisarai, in connection with Manikpur P.S. Case No.39 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Aniket/- U T