Rokhashana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82045 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Rokhashana Khatoon Wife of Md. Shamsuddin R/o Village - Kakodha via Vishnupur Kokraha, Police Station- Sakatpur, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Soban Asghar For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 274, 275, 317(5) BNS & Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 833.4 litres of liquor from a scooty and four different motorcycles. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she came to be implicated based on the fact that she is owner of one of the seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.82045 of 2025(2) dt.23-12-2025 2/3 would use her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is also submitted that the petitioner was completely unaware that her friend would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jaynagar P.S. Case No.193/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had concealed her antecedent before this court, as such, the
Patna High Court CR. MISC. No.82045 of 2025(2) dt.23-12-2025 3/3 provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T