Muskan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59292 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- SIMRA District- Aurangabad ====================================================== Muskan Kumari Wife of Harsh Kumar C/O - Harsh Kumar, R/O Village - Shivganj, Teldiha, P.S.- Madanpur, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the State :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard Mrs. Mukul Kumari, learned counsel for the petitioner and Mr. Rajendra Singh, learned APP representing the State.

2. The petitioner is apprehending her arrest in connection with Simra P.S. Case No. 09 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 05.03.2025 by the informant, Prem Raj.

3. As per the prosecution story, the informant on the basis of information, intercepted a scooty and there is recovery/seizure of 20.25 liter foreign liquor. This led to the F.I.R.

4. Learned counsel for the petitioner submits that though the scooty belongs to him, it was given to Shashikant Kumar who was arrested at the spot and the petitioner has no

Patna High Court CR. MISC. No.59292 of 2025(2) dt.22-09-2025 2/3 criminal antecedent and if granted relief, she shall be diligently appearing in trial.

5. Learned APP opposes the prayer submitting that the vehicle belongs to the petitioner.

6. Considering the submissions of the parties as also the fact that the petitioner has no criminal antecedent, an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to extend her the privilege of anticipatory bail.

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 of Excise-I, Aurangabad, in connection with Simra P.S. Case No. 09 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (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

Patna High Court CR. MISC. No.59292 of 2025(2) dt.22-09-2025 3/3 dates without plausible reason will entail cancellation of his/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, 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 bail bonds. (Rajiv Roy, J) vinayak/- U T