Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17129 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Soni Devi, Female, aged about 35 years, W/o Sunil Prasad, Residents of Village- Ujiyartola, Bind Toli, Police Station- Nagar, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the Opposite Party :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Excise (Buxar) P.S. Case No. 09 of 2025 dated 05.01.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 74.280 litres of foreign illicit liquor is said to have been recovered from the Tempo. Out of which, 17.280 litres of foreign liquor belongs to the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating has been recovered from her

Patna High Court CR. MISC. No.17129 of 2025(2) dt.03-04-2025 2/2 possession. The alleged recovery of illegal liquor has been made from the bag which was kept in the Auto. The petitioner is neither the owner of the Auto nor she has any connection with the bag in which the said illegal liquor was kept. She was travelling in the said Auto as a passenger. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. The petitioner is a lady. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 06.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Judge, Court No. 02, Buxar in connection with Excise (Buxar) P.S. Case No. 09 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T