Sunaina KumariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35820 of 2026
                       Arising Out of PS. Case No.-85 Year-2026 Thana- NARHATT District- Nawada
                 ======================================================
                 Sunaina Kumari D/o Ram Bali Rajvanshi R/o Village - Sri Rampur, P.S -
                 Hisua, District - Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   26-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in connection

                   with Narhat P.S. Case No. 85 of 2026, for allegedly having

                   committed offence under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that the police received an information that one Apache

                   motorcycle along with the pillion rider is coming with country

                   made liquor from Pathraul. To verify the authenticity of the said

                   information, the informant along with the police personnel reached

                   village Hasanpur and found that one blue colour motorcycle is

                   coming. Upon seeing the police party, the person riding the
Patna High Court CR. MISC. No.35820 of 2026(2) dt.26-05-2026
                                            2/3




          motorcycle fled away, after leaving the same. Upon search, 20

          litres of country made liquor was recovered from the motorcycle

          bearing Registration No.BR27T-5463 and accordingly, the seizure

          list was prepared.

                       4. The learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. He

          submits that the petitioner has got no concern with the aforesaid

          occurrence and has falsely been implicated in this case. The liquor,

          which has been seized by the police, was recovered near the house

          of Santosh Rajvanshi and the petitioner has got no concern with

          the alleged seizure. He further submits that the name of the

          petitioner transpired in the present case, since she is the owner of

          the seized motorcycle. It is further submitted that the petitioner is a

          lady and has got a clean antecedent.

                       5. Per contra, the learned counsel appearing on behalf

          of the State opposes the prayer for anticipatory bail of the

          petitioner and submits that the petitioner does not deserve the

          privilege of anticipatory bail, since she was found indulged in

          selling country made liquor.

                       6. Having considered the rival submissions and after

          going through the records, it appears that the petitioner was not

          named in the F.I.R. Her name transpired in the present case only

          on the basis of the fact that she is owner of the alleged seized
               Patna High Court CR. MISC. No.35820 of 2026(2) dt.26-05-2026
                                                           3/3




                         motorcycle from which 20 litres of country made liquor was

                         recovered. Further, the petitioner has got a clean antecedent and

                         she is a lady.

                                      7. Taking into consideration the facts aforesaid, let the

                         petitioner, above-named, in the event of her arrest or surrender

                         within a period of six weeks, be released on bail on furnishing bail

                         bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                         the like amount each to the satisfaction of the learned Exclusive

                         Special Court, Excise-1, Nawada in connection with Narhat P.S.

                         Case No.85 of 2026, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found that

                         the petitioner has concealed her criminal antecedent, the court

                         concerned shall take steps for cancellation of bail bond of the

                         petitioner. However, the acceptance of bail bond in terms of the

                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T