Chandani Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46286 of 2026 Arising Out of PS. Case No.-405 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== Chandani Kumari Wife of Dhiraj Kumar Resident of Village- Raghunathpur, P.S.- Raghunathpur, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar Adv.
For the Opposite Party :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR and apprehending her arrest in connection with Kalyanpur P.S. Case No.405 of 2025 registered under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 339.96 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from a car bearing Registration No. BR05GC 6331and also
Patna High Court CR. MISC. No.46286 of 2026(2) dt.22-07-2026 2/3 from the house of one Omprakash @ Umashankar. It is also submitted that name of petitioner arrayed only for the reason that petitioner is the registered owner of the said vehicle, which was involved in carrying illegal consignment of liquor. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also 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.46286 of 2026(2) dt.22-07-2026 3/3 learned Exclusive Special Excise Court No.3, Motihari, East Champaran, in connection with Kalyanpur P.S. Case No.405 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Aniket/- U T