Jitan Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74653 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- EXCISE MASAUDHI District- Patna ====================================================== Jitan Kumari W/o Jogendra Saw R/o Village- Mitan Chak, P.S.- Phulwari Sharif, District - Patna. ( Owner of TVS Jupiter 125 Scooty Regd. No. BR01HW- 6278) ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-05-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Excise (Masaurhi) P.S. Case No. 166 of 2025 instituted under Sections 30(a) 32(3), 56(b) of Bihar Prohibition Excise Act.
3. As per the prosecution case, there is recovery of 40 liter illicit country made liquor kept in plastic bag from the Scooty bearing Registration No. BR01HW-6278.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case being the registered owner of the seized vehicle which was taken by the co-accused, namely, Lavkush Sao in a good faith.
Patna High Court CR. MISC. No.74653 of 2025(7) dt.11-05-2026 2/3 He further submits that co-accused has misused the vehicle of the petitioner without her knowledge and consent. Learned counsel for the petitioner submits that the petitioner was not present at the spot on the alleged date of occurrence and she has no concern with the alleged seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is a young woman of 22 years, having got clean antecedent and she undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as her clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Court of Special Judge, Excise-2, Patna/ concerned Court in connection with Excise (Masaurhi) P.S. Case No.166 of 2025, subject to the conditions
Patna High Court CR. MISC. No.74653 of 2025(7) dt.11-05-2026 3/3 laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Ritik/-Koustav/- U T