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Patna High CourtCR. MISC./18606/2025allowed

Rakhi Devi v. The State Of Bihar

2025-04-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18606 of 2025 Arising Out of PS. Case No.-127 Year-2024 Thana- SARE District- Nalanda ====================================================== Rakhi Devi, W/o Chandan Singh @ Chandan Kumar, R/o vill - Sare, P.s.- Sare, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2025 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Sare P.S. Case No. 127 of 2024 instituted for the offence under Section 127(1), 115(2), 132 and 263 of B.N.S., 2023.

3. The case of the prosecution is that from the house of the petitioner below the staircase, altogether 50.160 liters of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a lady and she has falsely been implicated in this case. It has further been submitted that in this case, the husband of the petitioner is also an accused and

Patna High Court CR. MISC. No.18606 of 2025(2) dt.18-04-2025 2/2 that the recovery is not from her possession. She is having no criminal antecedent. It has also been submitted by learned counsel for the petitioner in para 8 of the bail petition that the alleged liquor was recovered from market place.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Sare P.S. Case No. 127 of 2024, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Nalanda, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T