Patna High Court
Dr. Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the liquor was not recovered from the petitioner's conscious possession and she is of clean antecedent, anticipatory bail is warranted.
Summary
Dr. Priyanka Kumari, a government doctor, was named in an FIR for allegedly possessing 10 litres of foreign liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the liquor was not in her conscious possession and that she had sold her scooter, the vehicle allegedly linked to the case, to a scrap dealer in 2023. The State opposed her request for anticipatory bail. The court examined the factual submissions and noted that the recovery of the illicit liquor did not appear to be from her direct possession and that she has a clean antecedent. Consequently, the court directed that she be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the alleged possession of illicit liquor.
- Whether the recovery of the liquor was made from the petitioner's conscious possession, justifying denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40166 of 2026
Arising Out of PS. Case No.-293 Year-2024 Thana- PATNA CITY CHOWK District- Patna
======================================================
Dr. Priyanka Kumari W/O- Dr. Chandan Shekhar Resident of Niti Bag
Lohiapath, Jagdeo Path, Khajpura, P.S.-Rupaspur, District-Patna At Present
residing at - Kashyap Bhavnath Surya Prabha Enclave, Flat No.-703, 90 feet
Road, Kankarbagh, P.S.- Patrakar Nagar, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Sharan, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Chowk P.S. Case
No. 293 of 2024 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 10 litres of foreign liquor and engaged in illegal
trade of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner was the owner of Scooty bearing
Registration No. BR01BY-9163, which was sold long back in
the year 2023 to a scrap dealer. It is submitted that petitioner is a
State Government Doctor and she has no connection with the
Patna High Court CR. MISC. No.40166 of 2026(2) dt.23-06-2026
2/2
recovery of illicit liquor. It is further submitted that factual
aspect of recovery suggest that illicit liquor was not recovered
from conscious possession of this petitioner, who claims to be a
lady of clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from physical possession of this
petitioner, who is a lady of clean antecedent, accordingly,
above-named petitioner, in the event of her arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Special Judge (Excise), Patna
City/concerned court in connection with Chowk P.S. Case No.
293 of 2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.