Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22964 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Kajal Kumari Wife of Rupesh Kumar R/O Vill- Bajitpur Tola Gokhulpur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bidupur P.S. Case No. 124 of 2025, dated 14.02.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 49.020 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is a lady, and only because she is the owner of the said vehicle, her name has been figured in the case. The petitioner is also not named in the FIR. Counsel further submits that from the contents of the FIR, it becomes

Patna High Court CR. MISC. No.22964 of 2025(2) dt.30-04-2025 2/2 crystal clear that a male person fled away from the place of occurrence, leaving behind the auto rickshaw. Counsel also submits that the criminal antecedents of the petitioner are clean

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that she is not named in the FIR and that only due to the ownership of the vehicle, her name has been figured in the present case.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No. 1- cumAdditional District & Sessions Judge, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 124 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T