Ram Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66339 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Ram Rekha Devi Wife of Mahesh Yadav, Resident of Village- Paunad, P.S -Kamatoul, Dist- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Kamtaul P.S. Case No. 210 of 2024, dated 25.07.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 21.6 litres of illicit foreign liquor and a mobile phone were recovered from a jute bag tied behind the seat of a motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with

Patna High Court CR. MISC. No.66339 of 2025(2) dt.24-09-2025 2/3 the alleged recovery. He further submits that although petitioner is the owner of the seized motorcycle in question, but she had entrusted the said motorcycle for the day to day use of other family members and villagers and on the date of alleged occurrence, she was not even present at the place of recovery. He further submits that a co-accused persons namely, Uday Kumar has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 13329 of 2025. He lastly submits that petitioner claims clean antecedent.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent and nothing has been recovered from her conscious possession, let the petitioner, above-named, be released on anticipatory bail, in the event of her arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge-I (Excise Act), Darbhanga, in connection with

Patna High Court CR. MISC. No.66339 of 2025(2) dt.24-09-2025 3/3 Kamtaul P.S. Case No. 210 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T