Chanchala Kumari @ Savitri Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.815 of 2025 Arising Out of PS. Case No.-692 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Chanchala Kumari @ Savitri Kumari W/O Rajesh Kumar R/O villageBaghnagari PS- Saraiya District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 692 / 2019 dated 13.10.2019 registered under Sections 272, 273, 120B/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition & Excise Act, 2018.
3. As per the prosecution case the Police got information that huge quantity of liquor has been stored in the house of one Rakesh Thakur @ Rajesh Thakur, husband of the petitioner, proceeded towards the place of occurrence and recovered a total quantity of 2790 liters of foreign liquor and Beer from the house of Rakesh Thakur @ Rajesh Thakur. Upon seeing the Police party some of the accused persons fled away from the place of occurrence however they were identified by the local Chaukidar.
Patna High Court CR. MISC. No.815 of 2025(2) dt.27-01-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the ground that she happens to be the wife of the co-accused / Rakesh Thakur @ Rajesh Thakur from whose house the illicit liquor has been recovered. Learned counsel submits that from perusal of the seizure list and the F.I.R. it appears that Rakesh Thakur @ Rajesh Thakur is the owner of the house. The petitioner being wife resided with Rakesh Thakur @ Rajesh Thakur and the only allegation in the F.I.R. is that the petitioner is also involved in the trade of liquor whereas the petitioner has been working as A.N.M. at Hajipur, which would be evident from Annexure-2 Series. The petitioner is having no criminal antecedent and she is a lady. The co-accused / Rakesh Thakur @ Rajesh Thakur i.e. husband of the petitioner has been granted regular bail by this Court in Cr. Misc. No. 76889 of 2019.
5. Regard being had to the submission made by the parties, taking into consideration the fact that from perusal of the seizure list it appears that illicit liquor has been recovered from the house of the co-accused / Rakesh Thakur @ Rajesh Thakur, who happens to be the husband of petitioner and he has been granted regular bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.815 of 2025(2) dt.27-01-2025 3/3
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below 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 court of Special Judge, Excise Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 692 of 2019 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T