Sandhaya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2070 of 2025 Arising Out of PS. Case No.-408 Year-2024 Thana- CHENARI District- Rohtas ====================================================== SANDHAYA KUMARI W/o Deepak Prasad Jaiswal R/o Village- Sakari, Tori, P.S.- Kudra, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-02-2025 Heard Mr. Rajeev Kumar Singh, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Chenari P.S. Case No. 408/ 2024 dated 10.12.2024 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 3.60 litres of foreign liquor from an auto rickshaw (tempo), though, the said vehicle is registered in the name of this petitioner but admittedly, she was not present in the vehicle when the recovery of the alleged foreign liquor was made and one person, namely, Deepak Prasad Jaiswal, was found driving the alleged vehicle, who was apprehended by the police, and simply on the basis of disclosure made by him, the petitioner, who is a lady, has been dragged in the alleged occurrence of recovery of foreign liquor. The petitioner has fair and clean antecedent and there is nothing

Patna High Court CR. MISC. No.2070 of 2025(2) dt.05-02-2025 2/2 against her except the statement of apprehended co-accused to show the petitioner's involvement in the alleged transportation of the liquor and the petitioner's prayer is not hit by the provisions of section 76(2) of the Bihar Prohibition & Excise Act as the alleged offence is not attracted against her even prima facie.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the aforesaid submissions advanced by the petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Chenari P.S. Case No. 408/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) BKS/- U T