Neha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17623 of 2025 Arising Out of PS. Case No.-204 Year-2024 Thana- JALALPUR District- Saran ====================================================== Neha Kumari Daughter of Bhola Manjhi R/o Village- Kotheyan Post -Kotheyan P.S. -Jalalpur District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avinash Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Jalalpur P.S. Case No. 204 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 125, 121(1), 121(2), 109, 132, 223, 352, 351(2) & (3), 324(4) and (5) and 221 of the Bharatiya Nyaya Sanhita, 2023 and 30(a) and 45 of the Bihar Prohibition and Excise Act.
3. Prosecution story, in short, is that on secret information police raided Daharu Manjhi's house and Laxman Manjhi's house, the accused persons attacked on police personnel with lathi, danda, bricks etc. due to which police personnel sustained injuries. Thereafter, on search, total 25 litres
Patna High Court CR. MISC. No.17623 of 2025(2) dt.19-03-2025 2/3 of liquor was recovered.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner is the sister of the co-accused Daharu Manjhi and she was not present at the place of occurrence on the date of alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that general and omnibus allegation has been made against the petitioner. Petitioner has no concern with the alleged recovery of liquor. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused persons have already been granted regular bail by this Bench vide order dated 21.10.2024 passed in Cr. Misc. No. 75179 of 2024. The co-accused have also been granted anticipatory bail by this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 82005 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case as also the petitioner being lady, let the petitioner, above named, in the event of arrest/surrender before the Court
Patna High Court CR. MISC. No.17623 of 2025(2) dt.19-03-2025 3/3 below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jalalpur P.S. Case No. 204 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) rishi/- U T