Pinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30839 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- KASHICHAK District- Nawada ====================================================== Pinki Kumari W/o Late Pintu Manjhi Resident of Village- Matinbigha, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Kashichak P.S. Case No. 31 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 18.02.2025 by the informant, Labeshwar Kumar Dhan.
3. As per the prosecution story, the informant alleged that on secret information, the house was raided, a lady managed to escape and there is/was recovery of 12 liters of country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that she has no role to play in the matter, the recovery is from an open place and not from her conscious possession and she has no criminal antecedent.
Patna High Court CR. MISC. No.30839 of 2025(2) dt.19-05-2025 2/3
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as also that the petitioner is a lady having no criminal antecedent and nothing has been recovered from her conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Excluseive Special Court Excise-2, Nawada in connection with Kashichak P.S. Case No. 31 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.30839 of 2025(2) dt.19-05-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U