Karishma Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22590 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- SITAMARHI District- Nawada ====================================================== Karishma Kumari Wife of Dinesh Rajbanshi Resident of Village - Bishnupur, P.S.- Akbarpur, District - Nawada At present R/o Hardiya Nayi Singar, P.S.- Rajauli, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sitamarhi Police Station Case No. 65 of 2024, dated 12.07.2024, disclosing offence under Sections 30(a)/32

(3) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that a person was going towards Laxmipur on a motorcycle carrying illicit liquor, reached at the place of occurrence and saw a person, coming on a motorcycle, and on seeing the police, the person riding the motorcycle fled away leaving behind the motorcycle. On search, the police recovered 06 litres

Patna High Court CR. MISC. No.22590 of 2025(2) dt.11-04-2025 2/3 of illicit country-made liquor from the motorcycle kept in plastic bags.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because she happens to be the registered owner of the motorcycle in question. He further submits that the petitioner, being a lady member of the family, had no knowledge that who had given the motorcycle to whom. He further submits that the petitioner has no concern with the seized illicit liquor and she has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner is a lady, having no criminal antecedent and she has been made accused on the basis of being the registered owner of the motorcycle, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.22590 of 2025(2) dt.11-04-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, Nawada, in connection with Sitamarhi Police Station Case No. 65 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √