Patna High Court
Soni Kumari @ Soni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Soni Kumari, sought anticipatory bail fearing arrest in an excise case where 69.120 litres of liquor were seized from a vehicle she owned. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act, but no liquor was found in her personal possession and she claimed no knowledge of the goods. The petitioner highlighted her clean record and argued that the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to the provisions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise case.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30(a)
- Section 103
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91050 of 2025
Arising Out of PS. Case No.-482 Year-2025 Thana- EXCISE KAHALGAON District-
Bhagalpur
======================================================
Soni Kumari @ Soni Devi Wife of Gaurav Kumar Resident of Village -
Kanausi, Ward No.- 03, Police Station - Gadhpur, District - Begusarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Excise (Kahalgaon) P.S. Case No. 482 of 2025 instituted
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 69.120
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. It is further submitted that the name
of the petitioner has transpired as being the owner of the vehicle
Patna High Court CR. MISC. No.91050 of 2025(2) dt.19-01-2026
2/2
in question and has no knowledge regarding the goods loaded in
the vehicle. Learned counsel further submitted that, prima-facie,
no case is made out against the petitioner. The petitioner has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise (Kahalgaon)
P.S. Case No. 482 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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