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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Sunita Devi applied for anticipatory bail after being implicated in a case under multiple sections of the Bihar Narcotic Substances Act, stemming from a police raid that recovered 1.2 litres of liquor from her residence. She claimed the informant’s allegations were false and that she was not arrested at the scene, seeking protection from arrest. The State opposed the bail, arguing that she was apprehended, the liquor was seized, and she, along with others, assaulted police and damaged vehicles while trying to free her. The court examined the FIR and the submissions of both sides and concluded that granting anticipatory bail would send a wrong message. Consequently, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to Sunita Devi in view of the alleged offences under the Bihar Narcotic Substances Act and alleged assault on police.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • illegal assembly
  • assault on police
  • excise law
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38510 of 2026
                        Arising Out of PS. Case No.-145 Year-2025 Thana- Sonki District- Darbhanga
                 ======================================================
                 Sunita Devi W/o Gauri Shankar Mahto R/o Dekuli Chatti, Basdeopur
                 Darbhanga Kapchhahi, P.S.- Sonki, District- Darbhanga, Bihar- 846009

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raj Kumar Rajesh, Advocate
                                                   Mr. Jeet Kishor Mahto, Advocate
                 For the Opposite Party/s :        Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109, 132, 191(2), 191(3), 190, 324(4)(5), 74 and

                   127(2) of the B.N.S.

                                 3. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has antecedent of one case

                   under the Excise Act and the informant based on an information

                   alleges that house of petitioner was raided and from her

                   possession 1.2 liters of liquor was recovered and when Sunita

                   was being brought to Police Station by police when crowd

                   gathered forming an unlawful assembly and tried to flee Sunita
Patna High Court CR. MISC. No.38510 of 2026(2) dt.24-06-2026
                                            2/3




          after attacking the force.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that it does not with clarity allege whether petitioner was taken

          to the police station after being arrested or not. It is further

          submitted petitioner was not arrested from the place of

          occurrence, as such, the instant anticipatory bail application has

          been filed.

                       5. Learned A.P.P. for the State vehemently opposes

          the anticipatory bail application and submits that from perusal

          of the FIR, it would manifest that petitioner was apprehended by

          Sonali and on search 1.2 liters of liquor was recovered from her

          and it appears that accused persons gathered at the place of

          occurrence and thereafter assaulted the police force including

          the informant brutally and even damaged two police vehicles for

          freeing the petitioner, it is thus submitted that if privilege of

          anticipatory bail is granted, the same will send a wrong

          message.

                       6. Considering the submissions made by the learned

          APP for the State, the Court is not inclined to extend the
               Patna High Court CR. MISC. No.38510 of 2026(2) dt.24-06-2026
                                                           3/3




                         privilege of anticipatory bail to the petitioner.

                                      7. Accordingly,         the    instant   anticipatory   bail

                         application stands rejected.



                                                           (Satyavrat Verma, J)
Nitesh/-

U          T


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