Vibha Kumari @ Vibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33656 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Vibha Kumari @ Vibha Devi W/O Akhilesh Mahto @ Akhilesh Prasad Resident of Paparnausa, Machaldiha, P.S.- Noorsarai, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Noorsarai P.S. Case No. 129 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 11.03.2025 by the informant, Ranjita Kumari.

3. As per the prosecution story, the informant alleged that it intercepted a boy on a cycle and though he disappeared, there is recovery of three liters of country-made liquor. Later, they had knowledge that this petitioner is also selling liquor, reached the place. Though the lady disappeared, two liters of country-made liquor recovered/seized. This led to the FIR.

4. Learned counsel for the petitioner submits that she has no criminal antecedent, the house is a joint property and only to implicate, she has been named.

Patna High Court CR. MISC. No.33656 of 2025(2) dt.20-05-2025 2/3

5. Learned APP opposes the prayer.

6. Taking into account the submissions of the parties as also that the petitioner is a lady having no criminal antecedent and the recovery is not 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 Special Judge-II, Bihar Sharif, Nalanda in connection with Noorsarai P.S. Case No. 129 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 promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.33656 of 2025(2) dt.20-05-2025 3/3 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 T