Sisiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20413 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- BAISI District- Purnia ====================================================== Sisiya Devi Wife of Hari Lal Sharma Resident of Malharia, Sourajabar, P.S. - Baisi, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Baisi P.S. Case No. 11 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise, lodged on 12.01.2025 by the informant, Imam Hasan.

3. As per the prosecution story, upon raiding the house of the petitioner, there is recovery of 4 litres of country made liquor, which led to the F.I.R.

4. Learned counsel for the petitioner submits that it is a common house, she being a house lady, had no knowledge about the recovery, got implicated. The petitioner has got no criminal antecedent.

5. Learned APP opposes the prayer for bail of the petitioner.

6. Taking into account the aforesaid facts as also that

Patna High Court CR. MISC. No.20413 of 2025(2) dt.30-04-2025 2/3 the petitioner is a lady having no criminal antecedent and further no recovery is made from her conscious possession, this Court is inclined to grant her the relief.

7. 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 court of Exclusive Special Judge, Excise, Court No. 1, Purnea in connection with Baisi P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (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;

Patna High Court CR. MISC. No.20413 of 2025(2) dt.30-04-2025 3/3 (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. (Rajiv Roy, J) Ranjeet/- U T