Seema Devi @ Sima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11303 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== Seema Devi @ Sima Devi Wife of Dharmendra Baitha Resident of Village - Taari Bazar, P.S. - Raghunathpur, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Raghunathpur Police Station Case No. 01 of 2025, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 02.01.2025, the police got secret information that one co-accused Dharmendra Baitha along with other accused persons was indulged in trade of illicit liquor, after keeping the liquor in the field of Yugal Singh, proceeded towards the place of occurrence and upon seeing the police, six persons succeeded in fleeing away including the petitioner. On search, the police recovered 54 litres of countrymade liquor
Patna High Court CR. MISC. No.11303 of 2025(2) dt.28-03-2025 2/3 from the filed of Yugal Singh.
4. Learned Counsel for the petitioner submits that petitioner is a lady and the wife of Dharmendra Baitha due to which she has been made accused in the present offence. He further submits that the FIR has been lodged on the basis of secret information made by the police and the illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to the petitioner. The liquor has been recovered from an open field accessible to all and sundry.
5. Regards being had to the submission made by the parties and taking into consideration the fact that petitioner is a lady and the liquor has not been recovered from her conscious possession and/or premises belonging to her, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II, Siwan, in connection with Raghunathpur Police
Patna High Court CR. MISC. No.11303 of 2025(2) dt.28-03-2025 3/3 Station Case No. 01 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T