Patna High Court
KARISHMA KUMARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Karishma Kumari, the registered owner of a motorcycle, was implicated in a case alleging the seizure of 5.58 litres of Indian Made Foreign Liquor (IMFL) from the vehicle on 9 December 2025, leading to the arrest of her brother. The prosecution charged her under Sections 338 and 336(3) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that she was innocent, merely a female resident of the house, and that the motorcycle was regularly used by her brother, who was the one arrested. The court, after considering the submissions, found merit in granting her anticipatory bail. Accordingly, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if she is arrested or surrenders within four weeks, she be released on bail by the Special Judge (Excise) in Darbhanga.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the alleged offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise (Amendment) Act
- Whether ownership of the motorcycle suffices to make the petitioner liable for the alleged contravention
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 336(3), 338
Subjects
- anticipatory bail
- excise law
- criminal procedure
- bail conditions
- vehicle ownership liability
- section 338
- section 336(3)
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7782 of 2026
Arising Out of PS. Case No.-414 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
KARISHMA KUMARI D/o Late Jagunandan Yadav Resident of Village-
Bagras, Police Station- Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Ghanshyampur Police Station Case No. 414 of
2025, disclosing offences under Sections 338 and 336(3) of
Bharatiya Nyaya Sanhita and 30(a) of Bihar Prohibition and
Excise (Amendment) Act.
3. The prosecution case, as per the First
Information Report, is that on 09.12.2025 in the night about
11:10 P:M, the police, on the basis of secret information,
arrived at the house of the petitioner and recovered 5.58
litres of IMFL from the motorcycle standing in the name of
petitioner. The brother of the petitioner was arrested by the
Patna High Court CR. MISC. No.7782 of 2026(2) dt.17-02-2026
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police on spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Learned counsel further submits that petitioner is a
lady and residing in the house along with her family
members. She has been made accused merely because she
happens to be the registered owner of the motorcycle
whereas motorcycle is used regularly by his brother and the
petitioner’s brother was arrested by the police on spot.
5. Regards being had to the submissions made by
the parties and taking into consideration the justification
given by the petitioner, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
her arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge II (Excise Act), Darbhanga, in connection with
Ghanshyampur Police Station Case No. 414 of 2025,
Patna High Court CR. MISC. No.7782 of 2026(2) dt.17-02-2026
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subject to the condition laid down under Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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