Priyanka Kumari @ Priya Kumari @ Prinka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83693 of 2025 Arising Out of PS. Case No.-631 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Priyanka Kumari @ Priya Kumari @ Prinka Kumari, W/o- Vijay Kumar, R/vDharnidhar Road, P.S.- Aurangabad Town, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh, Advocate.
For the State :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending her arrest, in connection with Town P.S. Case No. 631 of 2025 dated 12.10.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 1.125 litres of illicit foreign liquor has been recovered from the house of the lady petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is a lady and minuscule quantity of illicit foreign liquor has been recovered from her house.
Patna High Court CR. MISC. No.83693 of 2025(2) dt.10-12-2025 2/3
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the minuscule quantity of the illicit foreign liquor recovered from the house of the petitioner who is a lady, this Court invokes the writ jurisdiction to direct the petitioner to be enlarged on anticipatory bail, otherwise it would be travesty of justice to curtail the liberty of a lady for recovery of just 1.125 litres of liquor from her house.
9. In view of the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Town P.S. Case No. 631 of 2025 subject to the conditions as laid
Patna High Court CR. MISC. No.83693 of 2025(2) dt.10-12-2025 3/3 down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T