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Patna High CourtCR. MISC./60146/2025allowed

Rinky Devi v. The State Of Bihar

2025-09-22Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60146 of 2025 Arising Out of PS. Case No.-356 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Rinky Devi Wife of Munna Paswan Resident of village - Jorarpur, P.S.- Deepnagar, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhangi Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Deepnagar P.S. Case No. 356 of 2018 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Amendment Act, 2016.

3. As per prosecution case, 15 litre country made liquor was recovered from the motorcycle in question and co-accused Munna Paswan and Rani Paswan were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and her name has been transpired in the present case as owner of the

Patna High Court CR. MISC. No.60146 of 2025(2) dt.22-09-2025 2/3 motorcycle in question. Learned counsel orally submits that petitioner has given to motorcycle to someone and he has misused the said motorcycle. Petitioner is innocent and has committed no offence as alleged in the FIR and she has falsely been implicated in this case. Learned counsel further submits that seizure list has not been prepared as per law. Petitioner being a lady having no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner.

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, 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 Additional District and Sessions Judge-V-cum-

Patna High Court CR. MISC. No.60146 of 2025(2) dt.22-09-2025 3/3 Special Excise Judge, Biharsharif, Nalanda in connection with Deepnagar P.S. Case No. 356 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T