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Patna High CourtCR. MISC./476/2025bail granted

Babli Devi @ Babli v. The State Of Bihar

2025-02-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.476 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Babli Devi @ Babli W/O Sanjay Kumar Yadav Resident of villageKhorawar, P.S- Bankatta, District- Dewaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Siwan Excise PS case no. 195 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that on 05.04.2024 at about 2 pm, total 39.150 liters of illicit foreign liquor has been recovered from a tempo and petitioner is the registered owner of the said tempo. 4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to her being the owner of the seized tempo. He further submits that the driver of the said tempo, who is the husband of the

Patna High Court CR. MISC. No.476 of 2025(2) dt.06-02-2025 2/2 petitioner, is already arrested. Petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the driver of the said tempo is in custody and the petitioner is having clean antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.-II, Siwan in connection with Siwan Excise PS case no. 195 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T