Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11778 of 2025 Arising Out of PS. Case No.-417 Year-2024 Thana- PUNPUN District- Patna ====================================================== Kiran Devi Son of Late Satyendra Manjhi RO Village- Khardichak PS -Punpun District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Chaudhary For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2025

1. 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 Punpun Police Station Case No. 417 of 2024, dated 22.12.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that during patrolling, the police reached near the Khardichak Maha Dalit Tola and upon seeing them, a lady started fleeing away after locking her house and succeeded in the same. The police surrounded her house and on search of the house, the police recovered 05litres of illicit country made liquor from a room.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11778 of 2025(2) dt.07-04-2025 2/3 petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of her name by the spy. He further submits that the petitioner has got no criminal antecedent. He further submits that there is contradiction in the First Information Report and the seizure list regarding the place of recovery of the illicit liquor inasmuch as in the First Information Report, it is alleged that the illicit liquor has been recovered from inside the house, but from the seizure list, it is evident that the illicit liquor has been recovered from the Khardichak Maha Dalit Tola and not from inside the house of the petitioner.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the contradiction in the First Information Report and the seizure list and the fact that the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner1, above named, in the event of her arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail

Patna High Court CR. MISC. No.11778 of 2025(2) dt.07-04-2025 3/3 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, Patna, in connection with Punpun Police Station Case No. 417 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √