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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                        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/-

U         T


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