Misha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71857 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Misha Kumari D/o- Bikhari Ray @ Bhikhari Ray, W/o- Dilip Mahto Resident of village- Larua PS-Tajpur Halai District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Jandaha P.S. Case No. 218 of 2025 dated 24.05.2025, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2022.

3. The allegation is of recovery of 19 litres foreign liquor from three motorcycles standing near a poultry farm.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. Learned counsel further submitted that it is apparent from the seizure list that there is no evidence to proof that the

Patna High Court CR. MISC. No.71857 of 2025(2) dt.15-10-2025 2/2 alleged liquor has been recovered from the motorcycle of the petitioner. It is next submitted that similarly situated co-accused person namely, Vikas Kumar has been granted bail vide order dated 24.09.2025 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 65015 of 2025. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jandaha P.S. Case No. 218 of 2025, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1 -Cum- Addl. Distt. & Sessions Judge, Vaishali at Hajipur, subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) Sankalp/- U T