Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11086 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Ramawati Devi Wife of Birmat Mahato village- Dhangadtoli, Ps- Ramnagar, Dist- West Champaran 2.

Godhani Devi Wife of Bali Mahato village- Dhangadtoli, Ps- Ramnagar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Ramnagar P.S. Case no.452 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioners are involved in the business of liquor, the police party conducted raid and a total of 18 liters of country made liquor along with incriminating articles were recovered from the house of the petitioners.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11086 of 2025(2) dt.30-04-2025 2/3 petitioners have been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioners and the recovery has been shown from her house which is a joint family property and the petitioners have no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioners undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner no. 1 has one criminal antecedent while petitioner no. 2 has no criminal antecedent.

6. Considering the fact that the alleged recovery has made from the house of the petitioners which is a joint family property, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ramnagar P.S. Case no.452 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha at

Patna High Court CR. MISC. No.11086 of 2025(2) dt.30-04-2025 3/3 West Champaran, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T