Rubia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1635 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- ROH District- Nawada ====================================================== Rubia Devi, W/o Shrichand Ram @ Shrichandra Ram, Resident of VillageBhandari, P.S.- Roh, District-Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Roh P.S. Case No.362 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 25 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel that the recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner rather the same was recovered from house occupied by other family members also and, therefore, it cannot be said safely that

Patna High Court CR. MISC. No.1635 of 2025(2) dt.05-02-2025 2/2 recovery was made from possession of the petitioner. It is pointed out that name of petitioner transpired on the basis of disclosure made by local Choukidar. It is pointed out that petitioner is a lady of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions, as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner rather, who is a lady of clean antecedent, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender in the court below within a period of four weeks, 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 Excise Court2, Nawada in connection with Roh P.S. Case No.362 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T