Rakhi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42648 of 2026 Arising Out of PS. Case No.-93 Year-2026 Thana- Benta District- Darbhanga ====================================================== Rakhi Kumari D/O Late Dinu Sah Resident of village- Allpatti, Police Station- Benta, district- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mili Kumari For the Opposite Party/s :
Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2026 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and is a woman and allegation is of recovery of 5.4 litres of liquor from possession of Arjun and 1.25 litres of liquor from thatched restaurant of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she has no concern or relation with Arjun and restaurant is a place where
Patna High Court CR. MISC. No.42648 of 2026(2) dt.01-07-2026 2/3 customers in large number come and it might be a possibility that the liquor was brought by some customers without the knowledge of the petitioner. It is next submitted that no prudent person would use her own premises for committing an occurrence and thus would create evidence against herself and hence would get implicated.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Benta P.S. Case No. 93 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.42648 of 2026(2) dt.01-07-2026 3/3 purposes of seeking anticipatory bail, had concealed her antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T