Jilebi Devi @ Subeeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9177 of 2025 Arising Out of PS. Case No.-378 Year-2024 Thana- KHAIRA District- Jamui ====================================================== JILEBI DEVI @ SUBEETA DEVI W/O BINOD PASWAN R/O VILLDHOWGHAT, PS-KHAIRA, DIST.- JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Khaira P.S. Case No. 378 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 4 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged country made liquor was

Patna High Court CR. MISC. No.9177 of 2025(2) dt.07-03-2025 2/3 recovered from a bush, which was in open place and easily accessible by general public. It is submitted that name of petitioner implicated with the present case on the basis of disclosure made by local chowkidaar and as such prima-facie no illicit liquor appears to be recovered from the physical possession of this petitioner. While concluding the argument it is submitted that petitioner is a lady and involved in one more case of similar nature, where she is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Excise Court-I, Jamui/concerned Trial Court where

Patna High Court CR. MISC. No.9177 of 2025(2) dt.07-03-2025 3/3 the case is pending in connection with Khaira P.S. Case No. 378 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T