Nisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8065 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- EXCISE ARERAJ District- East Champaran ====================================================== Nisha Kumari Daughter of Lakhindra Sahani @ Lakhindra Sahani, Resident of Village- Banparuwa, P.S.- Dumariyaghat, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. (Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 80 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot, as such, nothing has been recovered from her conscious possession and she came to be implicated based on the fact that she is the owner of the seized motorcycle. It is next submitted that no prudent person would use her owned vehicle for

Patna High Court CR. MISC. No.8065 of 2025(2) dt.06-03-2025 2/3 committing an offence and then put the evidence against herself and hence would get implicated. It is also submitted that petitioner was completely unaware that Bhagya Narayan and Awadhesh would misuse the vehicle in the manner as alleged, who were also apprehended from the spot.

4. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial Court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred only) with two sureties of the like amount each to the satisfaction of the learned trial Court, where the case is pending / successor Court, in connection with Excise (Areraj) P.S. Case No. 140 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

6. It is made clear that that thereafter, the learned trial Court shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found

Patna High Court CR. MISC. No.8065 of 2025(2) dt.06-03-2025 3/3 that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Shahnawaz/- U T