Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18055 of 2026 Arising Out of PS. Case No.-569 Year-2023 Thana- SAHPUR District- Patna ====================================================== Usha Devi W/o Sunil Paswan R/o Village - Balua, P.S.- Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 482 of the B.N.S.S. and Section 30 (c) of the Bihar Prohibition and Excise Act.

3. A bare perusal of the first information report and the seizure list would go to show that total 60 kgs. of Mahua flower was recovered from a motorcycle and the petitioner is registered owner of the said motorcycle.

4. It is submitted by learned counsel for the petitioner that the name of the petitioner has been falsely implicated in this case for reason that the petitioner is the registered owner of the said motorcycle. No recovery has been made from the conscious or physical possession of the petitioner. As a matter of fact, the apprehended accused, who is nephew of the

Patna High Court CR. MISC. No.18055 of 2026(2) dt.06-04-2026 2/2 petitioner, has borrowed the motorcycle from the petitioner for some work and the petitioner had given the said motorcycle to her nephew without knowing the reason or the purpose. Petitioner is a lady with no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the petitioner is the registered owner of the said motorcycle and she has given the same to her nephew, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below 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 the learned Court below where the case is pending/successor Court in connection with Shahpur P.S. Case No.569 of 2023, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) Trivedi/- U T