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Prity Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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Patna HC
2025
Prity Kumari Vs The State of BiharPrity Kumari v. The State of Bihar

Allowed¶18

Prity Kumari v. The State of Bihar

Patna HC25 Jun 2025CR. MISC./36999/2025

Case brief

AI extract

What is this about?

Anticipatory bail, Bihar excise case: Prity Kumari v. State of Bihar, Patna High Court Criminal Miscellaneous No. 36999 of 2025 (arising out of Excise P.S. Case No. 2497 of 2024, Patna, dated 24.10.2024), decided 25-06-2025 by Honourable Justice Anil Kumar Sinha. Petitioner apprehended arrest under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022 following seizure of 45.850 litres of illicit liquor from accused Vikash Kumar and 1 litre from co-accused Pintu Kumar riding motorcycle BR01HY2725 at Yadav Chak; petitioner is registered owner of the motorcycle, wife of absconder Roshan Kumar, a lady with no criminal antecedent. Application allowed: bail bond Rs. 10,000/- with two like sureties before Special Court Excise-III, Patna, subject to Section 482(2) B.N.S.S. 2023. Keywords: anticipatory bail, illicit liquor, registered owner of vehicle, Bihar Prohibition and Excise Amendment Act 2022, BNSS 482(2).

What did the court decide?

Anticipatory bail granted: petitioner to be released in the event of arrest or surrender before the court below within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Special Court Excise-III, Patna, in connection with Excise Patna P.S. Case No. 2497 of 2024, subject to conditions under Section 482(2) of the B.N.S.S., 2023. ¶18

Why is it important?

The court granted anticipatory bail after taking into consideration that the petitioner is a lady with no criminal antecedent and has been made an accused on the ground of being the registered owner of the motorcycle involved. ¶17

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released in the event of arrest or surrender before the court below within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Special Court Excise-III, Patna, in connection with Excise Patna P.S. Case No. 2497 of 2024, subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Excise Patna P.S. Case No. 2497 of 2024 (registered under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022), should be granted anticipatory bail. +1 more

Court's answer

The court decided it was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

The court granted anticipatory bail after taking into consideration that the petitioner is a lady with no criminal antecedent and has been made an accused on the ground of being the registered owner of the motorcycle involved.

Key takeaways

The anticipatory bail release is subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Cr. Misc. No. 36999 of 2025, Anil Kumar Sinha, J., 25-06-2025): Prity Kumari, wife of absconding co-accused Roshan Kumar, apprehended arrest in Excise Patna P.S. Case No. 2497 of 2024 (Sections 30(a) & 56(b), Bihar Prohibition and Excise Amendment Act, 2022) after 45.850 litres of illicit liquor were recovered from motorcycle BR01HY2725 during a sale of wine at Yadav Chak; she was implicated solely as the registered owner of that motorcycle. Held entitled to anticipatory bail being a lady of no criminal antecedent accused on the ground of registered ownership; release ordered within four weeks on a bail bond of Rs. 10,000/- with two sureties of like amount each before Special Court Excise-III, Patna, subject to Section 482(2) B.N.S.S., 2023 conditions.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36999 of 2025

Arising Out of PS. Case No.-2497 Year-2024 Thana- Excise P.S. District- Patna

======================================================

Prity Kumari W/o Roshan Kumar @ Raushan Kumar R/o Village- Kurthaul, Yadavchak, P.S.- Parsa Bazar, District- Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Singh For the Opposite Party/s : Mr.Shyam Kumar Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 25-06-2025 1. Heard the parties.

The petitioner apprehends her arrest in connection with Excise Patna P.S. Case No. 2497 of 2024 dated 24.10.2024 registered under Section 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022.

As per the prosecution case the on 24.10.2024 police got secret information that three miscreants riding on a motorcycle bearing registration no. BR01HY2725 were selling wine at Yadav Chak, reached at the place of occurrence and recovered 45.850 liters of illicit liquor from the accused Vikash Kumar and 01 liters of illicit liquor from the co-accused Pintu Kumar and arrested both of them while one Roshan Kumar succeeded in fleeing away.

Learned counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.36999 of 2025(2) dt.25-06-2025 2/3

innocent and she has not committed any offence in the manner alleged. The petitioner has falsely been implicated merely because she happens to be the registered owner of the motorcycle in question bearing registration no. BR01HY2725. The apprehended person disclosed the name of one Roshan Kumar, who is husband of the petitioner as the person who succeeded in fleeing away and was indulged in transportation of illicit liquor on the said motorcycle and the petitioner was unaware about it. The petitioner is a lady having no criminal antecedent.

Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is a lady having no criminal antecedent and she has been made accused on the ground of being the registered owner of the motorcycle in question accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Court Excise-III, Patna in connection with Excise Patna P.S.

Patna High Court CR. MISC. No.36999 of 2025(2) dt.25-06-2025 3/3

Case No. 2497 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.

(Anil Kumar Sinha, J)

praful/-

U T

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Excise Patna P.S. Case No. 2497 of 2024 (registered under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022), should be granted anticipatory bail.¶12
The court held
The court decided it was inclined to grant anticipatory bail to the petitioner.ratio¶17
2.
Whether the petitioner's implication solely as the registered owner of the motorcycle (BR01HY2725) allegedly used in transporting illicit liquor, given that she is a lady with no criminal antecedent, warranted grant of anticipatory bail.medium confidence¶16
The court held
The court granted anticipatory bail after taking into consideration that the petitioner is a lady with no criminal antecedent and has been made an accused on the ground of being the registered owner of the motorcycle involved.ratio¶17

Statutes considered

3 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise Amendment Act, 2022Section 30(a)¶12 Section 56(b)¶12
B.N.S.S., 2023482 (2)¶20

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registration: Excise Patna P.S. Case No. 2497 of 2024 dated 24.10.2024, registered under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022.¶12
Prior proceeding
Occurrence of 24.10.2024: acting on secret information, police intercepted three men selling wine on motorcycle BR01HY2725 at Yadav Chak; 45.850 litres of illicit liquor were recovered from accused Vikash Kumar and 1 litre from co-accused Pintu Kumar and both were arrested, while Roshan Kumar (petitioner's husband) fled.¶13

Parties & counsel

AI extract

petitioner
Prity Kumari¶4
Sunil Kumar Singh
respondent
The State of Bihar¶7
Shyam Kumar Singh

Coram

AI extract

Anil Kumar Sinhaauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 25 Jun 2025 · June
Registered: 29 May 2025
Case no.: CR. MISC./36999/2025
CNR: BRHC010485762025
Topic: Anticipatory Bail
Bench: Anil Kumar Sinha
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Prity Kumari v. The State of Bihar, CR. MISC./36999/2025 (PAT), decided on 25 June 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bihar Prohibition and Excise Amendment Act, 2022Section 30(a) · Section 56(b)
B.N.S.S., 2023482 (2)

View all statutes

Procedural history2

Case registration: Excise Patna P.S. Case No. 2497 of 2024 dated 24.10.2024, registered under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2022.
Occurrence of 24.10.2024: acting on secret information, police intercepted three men selling wine on motorcycle BR01HY2725 at Yadav Chak; 45.850 litres of illicit liquor were recovered from accused Vikash Kumar and 1 litre from co-accused Pintu Kumar and both were arrested, while Roshan Kumar (petitioner's husband) fled.

View full history

Bench / Coram

Anil Kumar Sinha

Parties & counsel