Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9603 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Archana Kumari Wife of Dilip Ray Resident of Village - Jhakhara, P.S. - Kalyanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur Sadar Excise P.S. Case No. 20 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 50.940 litres of illicit foreign liquor from a house. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the

Patna High Court CR. MISC. No.9603 of 2025(2) dt.12-02-2025 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner has been implicated in this case only on the ground that she is the wife of co-accused Dilip Ray. The petitioner was not aware of the illicit liquor being kept in the house. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.9603 of 2025(2) dt.12-02-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Samastipur Sadar Excise P.S. Case No. 20 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T