Patna High Court
Nitu Kumari @ NItu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court grants bail to the petitioner subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Nitu Kumari, was implicated in a case of illegal liquor sale and resultant deaths, though her name does not appear in the FIR and was only mentioned through a co-accused's confessional statement. She argued that she had no role in the preparation, distribution, or possession of the illicit spirit and highlighted her clean antecedent and gender. The State opposed bail, acknowledging that she was not named in the FIR but relying on the confessional statement. The court examined the lack of direct material against her, the fact that the allegation arose solely from a co-accused’s statement, and her personal circumstances. Concluding that there was insufficient basis to detain her, the court ordered her release on bail subject to a bond and conditions under the Bharatiya Nyaya Sanhita, 2023. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether the petitioner can be held liable for the offences solely on the basis of a co-accused's confessional statement.
- Whether bail should be granted to the petitioner given the nature of the alleged offences and the circumstances of her involvement.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 105, 110, 111(2), 123, 2(1)(d), 274, 275, 482(2), 61(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 33, 34(a), 34(b), 34(b)(i), 34(b)(ii), 34(b)(iii), 34(b)(iv), 36
Subjects
- bail
- criminal procedure
- confessional statement
- illegal liquor
- female accused
- section 274 B.N.S.S.
- section 275 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42415 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
Nitu Kumari @ NItu Singh W/o Shiv Prakash Singh R/o Village- Nawadiya
Road, P.S.- Banwara Janpat, District- Jaunpur, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Turkauliya P.S. Case No. 174 of 2026 lodged on
03.04.2026, for the offence punishable under Sections 274, 275,
123, 105, 110, 111(2) & 61(2) of the Bharatiya Nyaya Sanhita,
2023 and sections 33, 34(a), 34(b), 34(b)(i), 34(b)(ii), 34(b)(iii),
34(b)(iv) & 36 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
11 named accused persons excluding the present petitioner. The
allegation of selling illegal wine by spirit is there in the FIR and
due to consumption of the spirit, certain people died.
Patna High Court CR. MISC. No.42415 of 2026(2) dt.08-07-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner is not named in the FIR and her name
has come by virtue of the confessional statement of the co-
accused. He submits that there is no material found against the
petitioner. He further submits that the name of petitioner has
figured in this case at the instance of police only due to the
reason that the petitioner is sister of co-accused Chandan Kumar
and Suraj Kumar and the said Suraj Kumar has five criminal
antecedents. Counsel submits that the petitioner has no role
either in preparation or distribution or keeping the said spirit and
she has unnecessarily been made accused in this case. He
further submits that the petitioner is a female, aged about 37
years, having clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the petitioner is not
named in the FIR, she is female and her name has come by
virtue of the confessional statement of the co-accused.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Patna High Court CR. MISC. No.42415 of 2026(2) dt.08-07-2026
3/3
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Judge-I, East Champaran, Motihari, in
connection with Turkauliya P.S. Case No. 174 of 2026, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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