Sarita Mahilang v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30637 of 2026 Arising Out of PS. Case No.-31 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Sarita Mahilang Wife of Meshram Mahilang Resident of Village - House No. 40, Ward no. 40, Mahilang Bazar Chhawani, Ps- IE Bhilai, Po- IE Bhilai, Dist- Durg Chhattisgarh ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhumala Kumari For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Sadar P.S. Case No. 31 of 2025, registered for the offences punishable under Sections 316(2), 318(4), 303(2), 3(5) of BNS.
3. As per the prosecution case, goods worth about Rs. 5 lakhs loaded on Truck No. CG07CT-8537 on 25.01.2025 failed to reach Raigarh, Odisha on the scheduled date. The driver and truck owner could not be contacted as their mobile phones were switched off. It is alleged that the transporter company, truck owner (the petitioner), and driver, in connivance with each other, misappropriated and sold the goods elsewhere.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.30637 of 2026(2) dt.07-05-2026 2/3 the petitioner is innocent and has falsely been implicated. She is is a lady of clean antecedent. Nothing incriminating article has been recovered from her conscious possession.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. From the reading of the FIR, it transpires that the main allegation is against husband and son of the petitioner as well as against the driver of the truck. The petitioner seems to have been implicated simply because she happens to be the owner of the truck in question. She is a lady bearing clean antecedent. Considering these circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of her arrest or surrender within four weeks from today, 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 C.J.M., Darbhanga in connection with Sadar P.S. Case No. 31 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- (i) The petitioner shall co-operate in the investigation/
Patna High Court CR. MISC. No.30637 of 2026(2) dt.07-05-2026 3/3 trial.
(ii) The learned Court below would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed her criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kundan/- U T