Rina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33530 of 2024 Arising Out of PS. Case No.-179 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== Rina Kumari D/o- Late Lalan Ray Village- Sutihar Nawada Ps- Derni DistSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 272, 273, 120(B) of the IPC and 30, 30(a), 33, 36 of the Bihar Prohibition and Excise Act, 2016 in connection with Derni P.S. Case No.179 of 2020.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and allegation is of recovery of 1025 liters of liquor from a place near the house of Akhilesh Kumar.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.33530 of 2024(2) dt.09-05-2024 2/3 from the spot as such nothing was recovered from her conscious possession and she came to be implicated in the instant case during the course of investigation based on the fact that she is sister of Akhilesh Kumar. It is further submitted that it absolutely does not stand to reason that even alleged recovery of liquor is not from the house of Akhilesh, but from a place near his house, but then the petitioner came to be implicated on the ground that she is sister of Akhilesh.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII-cum-Ist Exclusive Special Judge Excise, Chapra at Saran in connection with Derni P.S. Case No.179 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.33530 of 2024(2) dt.09-05-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T