Komal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14034 of 2025 Arising Out of PS. Case No.-258 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Komal Kumari, Wife of Sri Rohit Kumar Singh, Resident of Panhas P.S -Town (Lohiya Nagar), Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2025 Heard Mr. Amit Kumar Anand, learned counsel for the Petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Town (Lohiya Nagar) P.S. Case No. 258 of 2021 dated 29.03.2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The main submissions advanced by petitioner's counsel are that the petitioner is a lady, she was made accused primarily on the ground of being the registered owner of a scooty bearing registration No. BR09U-3417 from which 375 ML foreign liquor was recovered as per allegation, but admittedly, the petitioner was not found present at the place of recovery as riding on her scooty rather the same was found in

Patna High Court CR. MISC. No.14034 of 2025(2) dt.19-04-2025 2/3 the possession of two persons namely, Sumit Raj and Kumar Shambhav who are co-accused in this matter and both the said apprehended co-accused neither disclosed any involvement of the petitioner in taking the alleged wine using her vehicle nor did they suggest that it was done with her knowledge, so, there is no evidence even prima facie to show the petitioner's involvement in the alleged crime, as such, the petitioner's prayer is not hit by the provisions of Section 76(2) of the Bihar Prohibition and Excise Act. It is lastly submitted that petitioner has fair and clean antecedent and she has not remained involved in any crime under the Bihar Prohibition and Excise Act prior to the registration of the FIR of the present matter.

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

5. Considering the aforesaid submissions advanced by petitioner's counsel and mainly the fair and clean antecedent of the petitioner, 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 or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.14034 of 2025(2) dt.19-04-2025 3/3 like amount each to the satisfaction of the Court concerned in connection with Town (Lohiya Nagar) P.S. Case No. 258 of 2021, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Shailendra Singh, J) maynaz/- U T