Pinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35796 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- JADIA District- Supaul ====================================================== Pinki Kumari W/o Sri Bipin Das Permanent R/o Village- Govindpur Kusaha, P.O.- Haripur Kolwa, PS- Pathrol, District- Deoghar At present residing at Quarter no. 19, Police Kendra Hazaribagh, PS- Lohsindhna, DistrictHazaribagh, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrit Abhijat For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025
1. Heard the parties.
2. The petitioner apprehends her arrest in connection with Jadia P.S. Case No. 134 of 2024 dated 02.08.2024 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case on 01.08.2024 the S.H.O. Jadia Police Station got secret information that liquor was being transported in a truck bearing registration no. JH-02BP-3753 from Jadia towards Supaul. He intercepted the truck and recovered 2603.955 liters of illicit liquor. The petitioner has been made accused on the ground that she is the registered owner of the truck.
4. Learned counsel for the petitioner submits that petitioner is
Patna High Court CR. MISC. No.35796 of 2025(2) dt.18-06-2025 2/3 not named in the F.I.R. and she has been made accused merely on the basis of the fact that she is the registered owner of the truck in question. He further submits that one Avinash Kumar approached the husband of the petitioner for plying the vehicle on rental basis accordingly an agreement between the petitionerPinki Kumari and the lessee Avinash Kumar was entered into, which was executed before the notary public on non judicial stamp paper on 28.03.2024 on a monthly rental of Rs. 1,50,000/-. A copy of the agreement has been annexed at Annexure - P/2 of this application. The petitioner is not having any criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is not having any criminal antecedent and she has been made accused on the ground of being the registered owner of the truck in question which was given on rent by her prior to the date of occurrence, accordingly, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
Patna High Court CR. MISC. No.35796 of 2025(2) dt.18-06-2025 3/3 two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise, Court no-1, Supaul in connection with Jadia P.S. Case No. 134 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anil Kumar Sinha, J) praful/- U T