Rakhi KumariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42648 of 2026
                        Arising Out of PS. Case No.-93 Year-2026 Thana- Benta District- Darbhanga
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                 Rakhi Kumari D/O Late Dinu Sah Resident of village- Allpatti, Police
                 Station- Benta, district- Darbhanga

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Ms.Mili Kumari
                 For the Opposite Party/s :        Ms.Indu Kumari Srivastava
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and is a woman and

                   allegation is of recovery of 5.4 litres of liquor from possession

                   of Arjun and 1.25 litres of liquor from thatched restaurant of the

                   petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and she has no

                   concern or relation with Arjun and restaurant is a place where
Patna High Court CR. MISC. No.42648 of 2026(2) dt.01-07-2026
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          customers in large number come and it might be a possibility

          that the liquor was brought by some customers without the

          knowledge of the petitioner. It is next submitted that no prudent

          person would use her own premises for committing an

          occurrence and thus would create evidence against herself and

          hence would get implicated.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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 trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) 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 Benta

          P.S. Case No. 93 of 2026, subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the
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                        purposes of seeking anticipatory bail, had concealed her

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T