Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and specific conditions.
Summary
The petitioner, Jyoti Kumari, was implicated in a police raid that uncovered cash, playing cards, country-made liquor, and a motorcycle, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 and Section 11 of the Gambling Act. She contended that she had no involvement in the seized items, that the motorcycle was used by her husband for agricultural purposes, and that she possessed a clean criminal record. The State opposed her request for anticipatory bail. The High Court, after noting the absence of any incriminating material in the petitioner’s constructive possession and her spotless antecedents, granted anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S. The order also stipulated compliance with court appearances and prohibition against tampering with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged connection to the seized items warrants denial of bail
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Gambling Act — s. 11
Subjects
- anticipatory bail
- gambling offence
- liquor offence
- section 30(a)
- section 11
- section 482(2)
- high court inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35323 of 2026
Arising Out of PS. Case No.-181 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Jyoti Kumari W/o Suraj Kumar Ram @ Suraj Ram Resident of Village -
Dayalpur, P.S - Dayalpur, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Parasar, Adv.
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 27-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Marhowrah P.S. Case No. 181 of 2026 dated 27.02.2026
registered for the offence punishable under Section/s 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2018 and
Section 11 of the Gambling Act.
3. The prosecution case, in brief, is that acting on secret
information regarding alleged gambling activities near the river
bank at Narayan Chak, the police conducted a raid and
apprehended five persons while others allegedly fled away. It is
alleged that cash amounting to Rs. 830/- and one pack of
playing cards were recovered from the accused persons, along
with 750 grams of country-made liquor and one motorcycle
Patna High Court CR. MISC. No.35323 of 2026(2) dt.27-05-2026
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from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the recovery of the seized
article is said to have been made from the bank of river situated
near Narayan Chak in front of the Masjid. It is the case of the
petitioner that the petitioner is in no way connected with the
seized article and the alleged motorcycle, which is standing in
the name of the petitioner, was taken by her husband to visit the
agriculture field where harvesting of crops was being done.
Lastly, it is submitted that the petitioner is a person of clean
antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that nothing incriminating has been
recovered from the constructive possession of the petitioner as
also the petitioner bearing no criminal antecedent, let the
petitioner, above named, be released on anticipatory bail in the
event of her arrest or surrender before the court below within a
period of six weeks from today on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.35323 of 2026(2) dt.27-05-2026
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amount each to the satisfaction of learned 2nd Exclusive Special
Excise Judge, Saran at Chapra in connection with Marhowrah
P.S. Case No. 181 of 2026, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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