Patna High Court
Sona Devi @ Soni DeviversusThe state of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Sona Devi, applied for anticipatory bail in a case arising from a police raid on illegal liquor manufacturing in Masiyadhih village, where she was alleged to have participated in firing at police and abandoning illicit liquor. The prosecution alleged offences under the Bihar Narcotic Substances (BNS) Act, the Bihar Prohibition and Excise Act, and the Arms Act, claiming she was part of the mob that attacked the police. The petitioner contended she was not present at the scene and that the charges were false. The court examined the seriousness of the alleged assault on law‑enforcement officers and the potential threat to public safety. Concluding that the allegations warranted denial of bail, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault on police officers and other offences.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances (BNS) Act, 2023 — s. 109, 115(2), 126(2), 132, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 45
Subjects
- anticipatory bail
- assault on police
- illegal liquor
- excise law
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29344 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- BIND District- Nalanda
======================================================
Sona Devi @ Soni Devi Wife of Sanjay Yadav Resident of Village-
Mesiyandih, P.S.- Bind, District - Nalanda, Bihar.
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Bind Police Station Case No. 215 of 2025,
disclosing offences under Sections 115(2), 126(2), 109, 132,
3(5) of the BNS, 2023, Sections 30(a), 41(1), 45 of the Bihar
Prohibition and Excise Act and Section 27 of the Arms Act.
3. The prosecution case is that on 16.11.2025 at
about 7:20 A.M., the informant along with the police team
conducted a raid at village Masiyadhih against illegal
manufacture and sale of illicit liquor. During the raid, the
accused persons allegedly attempted to flee and opened fire
upon the police party. It is alleged that Ajit Yadav, Sanjay Yadav,
and Balram Yadav were identified as the persons firing at the
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police team, while the police could not retaliate due to technical
defects in their weapons. During search, the police allegedly
recovered about 600 kg of Jabc Mahua Gud and 20 litres of
illicit liquor, which were allegedly abandoned by accused
persons Sona Devi and Sarudhi Kumari while fleeing from the
spot. The accused persons allegedly fired 6–7 rounds at the
police party.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent has falsely been implicated in the
present case. It is alleged that she was not present at the place of
occurrence and no illicit liquor was recovered from her
possession. It is also submitted that the offences alleged under
the B.N.S., Excise Act, and Arms Act have been falsely imposed
against her.
5. I have heard learned counsel for the parties and
have gone through the materials available on record. There is
allegation against the petitioner of assaulting the police officials
and she is also named in the F.I.R. She along with the co-
accused created unruly scene when the police party arrived to
discharge their official duty. An attack on police team while on
official duty undermines the safety and security of law
enforcement agency. Incidents of mob violence against law
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enforcement agency have become the order of the day now in
this State which can be very dangerous, often escalating
tensions and compromising public safety. Accordingly, I am not
inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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