Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5778 of 2025 Arising Out of PS. Case No.-616 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Shobha Devi Wife of Shivshankar Rai Resident of Village- Kanti Kushi Station Tola Ward No. 23, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 317(5) of Bharatiya Nyaya Sanhita and 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 488.52 litres of illicit liquor was recovered from the house of co-accused Shiv Shankar Rai and two vehicles. One tractor was also seized. Petitioner is wife of co-accused Shiv Shankar Rai.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to dirty village politics. Petitioner has no concern with the seized illicit liquor. She is not owner of any of the seized vehicles. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is not involved in illegal

Patna High Court CR. MISC. No.5778 of 2025(3) dt.23-09-2025 2/2 trade of illicit liquor. Similarly situated co-accused Shiv Shankar Rai has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 07.03.2025 passed in Cr. Misc. No. 9122 of 2025. Petitioner has one criminal antecedent which is not of similar nature and she undertakes to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kanti P.S. Case No. 616 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T