Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3704 of 2025 Arising Out of PS. Case No.-806 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Rubi Devi W/o- Kalendar Yadav @ Kalendra Yadav Village- Raja Kuan PSBiharsharif Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bihar P.S.Case No.806 of 2024, registered for the offence(s) punishable under Sections Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation made in the FIR, altogether 4.2 ltr. of country-made liquor has been recovered from the paddy field.

4. It is submitted by the learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the recovery is from the open place, which is easily accessible to anyone. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.3704 of 2025(2) dt.15-02-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 5th Addl. Sessions Judge-cumSpecial Judge, (Excise), Nalanda at Biharsharif /concerned court, in connection with Bihar P.S.Case No.806/24, subject to the condition as laid down under Section 438 (2) of Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T