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2025 DAILYLAW 55554 (PAT)

Rekha Kumari @ Rekha Devi v. The State of Bihar

CR. MISC./42706/2025 · 2025-07-14

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42706 of 2025 Arising Out of PS. Case No.-232 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Rekha Kumari @ Rekha Devi W/o Ashok Chaudhary @ Ashok Chaurasia R/o Village- Sahajadpur, Ward no 13, PS- Udakishunganj, District- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending her arrest in connection with Puraini P.S. Case No. 232 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, total 12.600 litres of country made liquor has been recovered, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. As per the F.I.R. and seizure list, 12.600 litres of foreign liquor was recovered from the possession of accused Manjit Kumar. The petitioner is not named in the F.I.R. and Patna High Court CR. MISC. No.42706 of 2025(2) dt.14-07-2025 2/3 there is neither recovery of any incriminating articles from the conscious possession of the petitioner nor the petitioner has any concern with the seized illicit wine. Learned counsel further submits that petitioner is the owner of the seized motorcycle and the said motorcycle was gifted to her son-in-law namely Manjit kumar who is F.I.R. named accused person at the time of second marriage(gauna) and since then the said motorcycle was used by her son-in-law/co-accused namely Manjit Kumar. Lastly he submits that petitioner has clean antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend her the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ADJ-VII-cum-Special Judge Excise-2, Madhepura, in connection with Puraini P.S. Case No. 232 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. Patna High Court CR. MISC. No.42706 of 2025(2) dt.14-07-2025 3/3 (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T