Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77980 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- ROH District- Nawada ====================================================== Rinki Kumari Wife of Pradeep Kumar Resident of village- Bhatha, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Roh Police Station Case No. 227 of 2024, dated 28.07.2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that the police intercepted a motorcycle, having registration no. BR-27-M-4637, and recovered 16 liters of illicit liquor and the person, who was driving the motorcycle, succeeded in fleeing away. The choukidar disclosed the name of the person as Vijay Yadav.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.77980 of 2024(2) dt.26-11-2024 2/3 only because she happens to be the registered owner of the said motorcycle. He next submits that the person, namely, Vijay Yadav, who succeeded in fleeing away from the place of occurrence, is father-in-law of the petitioner, who had taken the motorcycle for some personal use and the petitioner was not aware about the illicit liquor being kept therein. The petitioner is a lady having no criminal antecedent. He further submits that petitioner's father-in-law has been granted regular bail by Co-ordinate Bench of this Court in Cr. Misc. No. 78562 of 2024, dated 14.11.2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the motorcycle, which was being driven by her father-in-law Vijay Yadav at the time of occurrence, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.77980 of 2024(2) dt.26-11-2024 3/3 each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada, in connection with Roh Police Station Case No. 227 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T