Priya KumariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34163 of 2026
                       Arising Out of PS. Case No.-227 Year-2021 Thana- KOILWAR District- Bhojpur
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                 Priya Kumari S/o Gopal Sah @ Gopat Sah R/o Village/Mohalla - Badhai Tola
                 Pir Maker, P.S - Maker, District - Saran.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pallav Kumar Singh
                                          :        Ms. Priya Kumari
                                          :        Mr. Deepak Kumar Singh
                                          :        Mr. Diwakar
                 For the Opposite Party/s :        Mrs. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The petitioner is apprehending her arrest in

                   connection with Koilwar (Gidha) P.S. Case No. 227 of 2021

                   registered for the offences punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                 3. Recovery is of 120 liters of country made liquor

                   from two motorcycles in question.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and she has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R is false and fabricated and the

                   petitioner has not committed any offence as alleged in the FIR.

                   He further submits that it appears from the F.I.R and seizure list

                   that nothing has been recovered from the conscious possession

                   of the petitioner rather the recovery has been made from the
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          vehicle in question and altogether 120 liters of country made

          liquor was recovered from two motorcycles in question. It is

          next submitted that there is non-compliance of mandatory

          provisions of Section 103 of the BNSS, 2023 and co-accused,

          namely, Chhotan Kumar has been granted the privilege of

          anticipatory bail vide order dated 22.03.2025 passed in Cr.

          Misc. No. 75374 of 2024 by this Court.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable.

                      6. This court is aware of the decision of the Full Bench

          in the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019(2) P.L.J.R. 1089. Having regard to the law laid down in

          the aforesaid judgment and the submission advanced on behalf

          of the parties, this Court, for the limited purpose of grant of

          anticipatory bail, is inclined to accept the submission of counsel

          for the petitioner.

                       7. Considering the aforesaid facts that petitioner has

          clean antecedent and nothing has been recovered from

          conscious possession of the petitioner and similarly situated co-
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          accused person has been granted privilege of anticipatory bail,

          let the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Court No-II, Bhojpur at Ara/concerned

          Court in connection with Koilwar (Gidha) P.S. Case No. 227 of

          2021, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other

          following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          court and shall remain physically present as directed by the

          court and on his absence on two consecutive dates without

          sufficient reason, his bail bond shall be cancelled by the Court

          below.

                          2. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                         3. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at
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                    any stage it is found that the petitioner has concealed his

                    criminal antecedent, the court below shall take step for

                    cancellation of bail bond of the petitioner. However, the

                    acceptance of bail bonds in terms of the above-mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-
U      T