Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1161 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- GHURNA District- Araria ====================================================== Rekha Devi W/O Deepak Kumar Mandal @ Deepak Ku. Mandal R/O Vill.- Manikpur, Ward no. 08, P.S.- Fulkaha, Dist.- Araria. ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

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

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Ghurna P.S. Case no.55 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the informant states that on seeing police personnel three accused left their motorcycles and managed to escape. On search, a total of 110.250 liters of foreign liquor is said to have been recovered

Patna High Court CR. MISC. No.1161 of 2025(3) dt.30-04-2025 2/3 from the said vehicle bearing Registration No. BR38AG2681.

4. Learned counsel for the petitioner submits the petitioner has been falsely implicated in the case only for the reason that she happens to be the registered owner of the said vehicle. However, learned counsel for the petitioner further stated in paragraph no. 11 to the petition that her brother Arvind Kumar Mandal took her motorcycle to buy some articles and hence, the petitioner has no knowledge that his vehicle was put to some illegal use. No recovery has been made from physical or conscious possession of the petitioner. The petitioner is a lady who has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ghurna P.S. Case no.55 of 2024 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 Exclusive Special Judge Excise-Ist, Araria, subject to the

Patna High Court CR. MISC. No.1161 of 2025(3) dt.30-04-2025 3/3 condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T