Minata Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22963 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Minata Kumari Wife of Akhlesh Mahto Resident of Village - Rajpur Jaunapur Konhi, P.S. - Mohanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Mohanpur P.S. Case No. 92 of 2024, registered under Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, the police has recovered one loaded country made sixer along with one iron dabiya from the possession of co-accused, namely, Pramod Mahto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is a lady and not named in the FIR. Name of the petitioner has transpired in this case as being registered owner

Patna High Court CR. MISC. No.22963 of 2025(2) dt.11-04-2025 2/2 of the seized motorcycle in question. It is next submitted that no recovery of arms have been made from the possession of the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 21.02.2025 passed in Cr. Misc. No. 11042 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohanpur P.S. Case No. 92 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T