Punita Rai @ Punita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4405 of 2025 Arising Out of PS. Case No.-381 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Punita Rai @ Punita Devi W/o- Rohit Kumar Rai Resident of villageSabrubandh PS- Dubhar District- Balliya Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise (Buxar) PS Case No. 381 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 342 liters foreign liquor was recovered from car. Petitioner was arrested on the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.4405 of 2025(2) dt.04-02-2025 2/2 that petitioner is passenger in the car and her husband used to drive the car in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 19-12-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Buxar) PS Case No. 381 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T