Patna High CourtCR. MISC./21497/2025bail granted

Chulhiya Devi v. The State Of Bihar

2025-04-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21497 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== Chulhiya Devi W/o Bhagvan Sahni Resident of Village- Tehwara, P.S.- Katra, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Saurav Anand, learned counsel appearing on behalf of the petitioner and Mr. Harendra Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Singhwara P.S. Case No. 290 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 385.380 litres of foreign liquor was recovered from motorcycles bearing Registration No.BR06DC9076, BR06V3532 and one TVS Jupiter bearing Registration No.BR06BD9071. The petitioner is the owner of the motorcycle bearing Registration No. No.BR06DC9076, which was parked in an open space.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.21497 of 2025(2) dt.23-04-2025 2/3 petitioner submitted that the petitioner is innocent and she has been falsely implicated in the case. She has no concern either with the seized liquor or trade of liquor in any manner, which is prohibited in the State of Bihar. The petitioner is the owner of the motorcycle bearing Registration No. No.BR06DC9076, which was parked in an open space, which was easily accessible to the general public. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga/successor court in connection with Singhwara P.S. Case No. 290 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS Act, 2023.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that

Patna High Court CR. MISC. No.21497 of 2025(2) dt.23-04-2025 3/3 the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T