Rinku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35967 of 2025 Arising Out of PS. Case No.-602 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Rinku Kumari W/o- Jitendra Prasad Yadav @ Sadhu Yadav VillageBahadurpur Mahkama PS- Rajauli, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Rajauli P.S. Case No. 602 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case,there is alleged recovery of 7 litre country made liquor from the motorcycle in question bearing registration no. BR01CM5192 and co-accused Karan Kumar was apprehended at the spot. It is further alleged that 27 litre country made liquor was recovered from the toto in question and co-accused Surendra Kumar was apprehended at the spot and he disclosed that he has brought the illicit liquor from Sadhu Yadav's wife (petitioner) and was going to deliver

Patna High Court CR. MISC. No.35967 of 2025(2) dt.18-06-2025 2/3 the said liquor to toto owner Upendra Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and she has falsely been implicated in this case. Except disclosure of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. On account of personal enmity with the co-accused Surendra Kumar, petitioner has falsely implicated in the present case. He further submits that petitioner being a lady having no criminal antecedent. Petitioner has nothing to do with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. Seizure list has not been prepared as per law. He further submits that petitioner has no concern with either of the vehicles in question. Learned counsel further submits that co-accused, Shushila Devi, on similar footing has already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 22587 of 2025 and on the principle of parity, petitioner deserves same treatment.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner,co-accused

Patna High Court CR. MISC. No.35967 of 2025(2) dt.18-06-2025 3/3 has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Special Judge Excise Court II, Nawada in connection with Rajauli P.S. Case No. 602 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T