Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22030 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- Bikramganj Excise District- Rohtas ====================================================== Rita Devi Wife of Sudhir Prasad @ Sudhir Chauhan Resident of Village- Jina Tola, Dhus, Police Station- Nasriganj, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate :
Ms. Riya Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2025 Heard Ms. Riya Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Excise Case No. 1150 of 2024 Bikramganj Excise P.S. Case No. 208 of 2024 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 16.12.2024 by the informant, Sanjit Kumar Tiwary.
3. As per the prosecution story, the Police upon secret information, saw a person trying to escape, arrested. He was Sanjay Ram and from the search of the bag there is recovery/seizure of altogether 4 liters country made liquor.
4. Later, again upon secret information, that Govinda Kumar is doing home delivery of liquor reached the place and intercepted the motorcycle and there is recovery of 0.360 liter foreign liquor. This led to the F.I.R. and arrest.
Patna High Court CR. MISC. No.22030 of 2025(2) dt.23-04-2025 2/3
5. Learned counsel for the petitioner submits that the petitioner is a lady, has nothing to do with the alleged recovery/seizure of the liquor, only because she owns motorcycle which was taken by her neighbour Govinda Kumar that she is now facing the criminal case.
6. Learned APP opposes the prayer for bail concede that nothing has been recovered from her conscious possession rather she own the motorcycle.
7. Taking into account the aforesaid facts as also that the petitioner is a lady having no criminal antecedent, owns the motorcycle and as such, stands implicated, in that background, this Court is inclined to extend her the privilege of anticipatory bail.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram, in connection with Excise Case No. 1150 of 2024 Bikramganj Excise P.S. Case No. 208 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:-
Patna High Court CR. MISC. No.22030 of 2025(2) dt.23-04-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
9. Before parting, parting this Court would like to put on record its word of appreciation for Ms. Riya Singh, learned counsel for the petitioner for her proper assistance rendered in the matter.
(Rajiv Roy, J) vinayak/- U T