Manjula Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63985 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Manjula Kumari D/o- Late Chandar Singh, W/o- Manishankar Kumar R/oVillage- Atrar PS- Aurai Distt-Muzaffarpur, A/P- Shahpur Ps- Hathauri DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate :
Mr. Amarnath Thakur, Advocate :
Mr. Mukund Kumar, Advocate :
Mr. Praween Kumar, Advocate For the State :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Aurai P.S. Case No. 48 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 02.03.2025 by the informant, Roushan Kumar Mishra.
3. As per the prosecution story, the informant alleged that on secret information about loading and unloading of large quantity of liquor, reached and raided the place, two motorcycles and two four wheelers were taken into custody/seized. From Swift Dzire Car, there is recovery/seizure of total 156 liters Beer and 51.75 liters foreign liquor from the
Patna High Court CR. MISC. No.63985 of 2025(2) dt.24-09-2025 2/3 said seized vehicle. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits she is a house wife, the seized Altroz Car was driven by her husband Manishankar Kumar, she has no criminal antecedent and only because the Altroz Car is registered in her name, got implicated.
5. Learned APP opposes the prayer submitting that a perusal of the F.I.R. would show that huge recovery has been made and the petitioner being one of the vehicle owner cannot exonerate herself from the responsibility.
6. Going through the facts of the case as also that though the vehicle is registered in her name, her husband Manishankar Kumar is an accused in the said F.I.R., she is a lady having no criminal antecedent, 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 Exclusive Special Judge, Excise Court No.-III, Muzaffarpur, in connection with Aurai P.S. Case No. 48 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:-
Patna High Court CR. MISC. No.63985 of 2025(2) dt.24-09-2025 3/3 (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 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