Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7543 of 2025 Arising Out of PS. Case No.-930 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== 1.

Shanti Devi W/O Anand Raj Vishwakarma Resident of Village- Mirjapur, P.S.- Nawada (Nagar), District- Nawada, 2.

Anand Raj Vishwakarma S/O Prayag Vishwakarma Resident of VillageMirjapur, P.S.- Nawada (Nagar), District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Nawada Excise PS Case No. 930 of 2024 instituted for the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 22.500 litres of country made liquor was recovered from house and plastic bag and also 450 litres of feremented Jawa Mahua which was destroyed at spot.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.7543 of 2025(2) dt.15-02-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that recovery is made from a room behind the house of petitioners which does not belong to the petitioner. The petitioner is in custody since 30.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

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

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

7.

Let the petitioners 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 Nawada Excise PS Case No. 930 of 2024.

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