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Patna High CourtCR. MISC./15359/2025bail granted

Puja Devi v. The State Of Bihar

2025-04-02Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15359 of 2025 Arising Out of PS. Case No.-546 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Puja Devi W/O Saroj Paswan @ Saroj Kumar Paswan R/o vill. - Bathuaha, P.S - Babubarhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Babubarhi P.S. Case no.546 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner is involved in the business of liquor, the police party conducted raid and 14.50 liters of country made liquor was recovered from the house of the petitioner. On seeing police personnel, the accused however managed to escape.

4. Learned counsel for the petitioner submits that the petitioner is a lady who has been falsely implicated in the case.

Patna High Court CR. MISC. No.15359 of 2025(2) dt.02-04-2025 2/3 No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from her house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Babubarhi P.S. Case no.546 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, subject to the condition laid

Patna High Court CR. MISC. No.15359 of 2025(2) dt.02-04-2025 3/3 down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that she shall co-operate in investigation/trial.

(Soni Shrivastava, J) Harsh/- U T