Patna High Court
Jitan KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to furnishing bail bonds of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Jitan Kumari, the registered owner of a scooter, was implicated in an excise case where 40 litres of illicit country-made liquor were recovered from the vehicle. She contended that the scooter was taken without her knowledge by co‑accused Lavkush Sao and that no incriminating article was found in her possession. The petitioner, a 22‑year‑old woman with a clean antecedent, sought anticipatory bail, asserting innocence and willingness to cooperate with the investigation. The State opposed the bail. Considering the petitioner’s lack of direct involvement, clean record, and the circumstances of the allegation, the Court ordered that she be released on bail if arrested within six weeks, upon furnishing a Rs.10,000 bail bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle used by a co‑accused in alleged illicit liquor possession under the Bihar Prohibition Excise Act.
- Whether the petitioner’s clean antecedent and lack of direct involvement justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a), 32(3), 56(b)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74653 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
Jitan Kumari W/o Jogendra Saw R/o Village- Mitan Chak, P.S.- Phulwari
Sharif, District - Patna. ( Owner of TVS Jupiter 125 Scooty Regd. No.
BR01HW- 6278)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 11-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Excise (Masaurhi) P.S. Case No. 166 of 2025 instituted
under Sections 30(a) 32(3), 56(b) of Bihar Prohibition Excise
Act.
3. As per the prosecution case, there is recovery of 40
liter illicit country made liquor kept in plastic bag from the
Scooty bearing Registration No. BR01HW-6278.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case being the registered owner of the seized vehicle which was
taken by the co-accused, namely, Lavkush Sao in a good faith.
Patna High Court CR. MISC. No.74653 of 2025(7) dt.11-05-2026
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He further submits that co-accused has misused the vehicle of
the petitioner without her knowledge and consent. Learned
counsel for the petitioner submits that the petitioner was not
present at the spot on the alleged date of occurrence and she has
no concern with the alleged seized liquor. He further submits
that no incriminating article has been recovered from the
conscious possession of petitioner. Learned counsel submits that
petitioner is a young woman of 22 years, having got clean
antecedent and she undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as her
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Court of Special Judge,
Excise-2, Patna/ concerned Court in connection with Excise
(Masaurhi) P.S. Case No.166 of 2025, subject to the conditions
Patna High Court CR. MISC. No.74653 of 2025(7) dt.11-05-2026
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laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-Koustav/-
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