Neelam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79604 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- Excise P.S. District- Munger ====================================================== Neelam Kumari D/o- Mantu Mandal R/v- Pachrukhi PS- Dharahra DistMunger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard Mr. Kumar Kamal Nayan, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Excise P.S.Case No.211 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 20 litres of illicit liquor from a bag kept on the motorcycle bearing Registration No. BR08R 3359.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner is the owner of seized vehicle. Learned counsel further submitted that the petitioner is a lady and she had went to market along with her husband and the motorcycle was parked at the road side, which is accessible to

Patna High Court CR. MISC. No.79604 of 2025(2) dt.03-12-2025 2/2 anyone. On the said ground, the petitioner has pleaded his innocence. Petitioner has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the motorcycle was parked at the road side, which is accessible to anyone, the petitioner, above named, be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise II, Munger, in connection with Excise P.S.Case No.211 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T