Sunaina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69429 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Sunaina Devi W/O Kishan Yadav Village- Bhagwanpur, P.S.- Nautan, DisttWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Tiwary, Advocate Mr. Vikash Kumar Shukla , Advocate For the State :
Mr. Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned Spl.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 191(1), 191(2), 191(3), 126(2), 115(2), 118(2), 121(1), 121(2), 132, 352, 351(1), 109, 324(4) and 326(f) of the B.N.S., Sections 3(1), 3(1) (d), 3(1)(dh) and 3(2)(va) of the S.C./S.T. (P.O.A.) Act and Section 45 of the Bihar Excise and Prohibition Act.
3. As per prosecution case, the informant, who is a police officer, has alleged that on receiving secret information that some miscreants were involved in illicit trade of liquor, a raid was conducted and co-accused Prahlad Yadav was apprehended along with 10 cartoons of illicit liquor. Thereafter,
Patna High Court CR. MISC. No.69429 of 2025(2) dt.12-12-2025 2/3 the accused persons, including this petitioner, attacked upon the police party in which three police personnel got injured and they also looted the recovered liquor and helped co-accused Prahlad Yadav in fleeing away.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. There is absolutely no allegation of assault by caste name against this petitioner and as such, no offence under the SC/ST Act is made out against this petitioner. Moreover, co-accused Govind Yadav, having similar and identical allegations, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 02.04.2025 passed in Cr. Misc. No. 14396 of 2025. Petitioner is a lady and claims clean antecedents.
5. Learned Spl.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for
Patna High Court CR. MISC. No.69429 of 2025(2) dt.12-12-2025 3/3 grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 13th-cum-Special Excise Court No. I, Gopalganj in connection with Yadopur P.S. Case No. 189 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T