Chanda Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50840 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Chanda Kumari W/o Mukesh Kumar Mahaldar R/o Village- Dhattha Ghat, P.S.- Ramdaili, Distt- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 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 Bahadurganj P.S. Case No. 257 of 2025, giving rise to Special Case No.146 of 2025, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 275.325 litres of illegal liquor from a pickup van has been made, which is registered in the name of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.50840 of 2025(2) dt.11-08-2025 2/2 submits that petitioner is a female and she was completely unaware that what the driver was doing. He submits that the vehicle was looked after by her husband. Counsel further submits that the criminal antecedent of the petitioner is clean. Counsel further submits that in future such mistake shall not take place and she will take care of the same.

5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that antecedent of the petitioner is clean.

6. Considering the fact that petitioner is a woman having clean antecedent, 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 Sri Niraj Kishore Singh, Exclusive Special Judge (Excise-1), Kishanganj (Bihar), in connection with Bahadurganj P.S. Case No. 257 of 2025, Special Case No.146 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

Mkr./- (Dr. Anshuman, J) U T