Reeta Devi @ Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 22351 of 2025 Arising Out of PS. Case No.-716 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Reeta Devi @ Rekha Devi W/o Late- Bindeshwari Mandal R/o VillageBhagkoliya Ward No 01, P.S- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Forbesganj P.S.Case No.716 of 2024, registered for the offence punishable under Section 30(a) and 37(2) of the Bihar Prohibition and Excise Act, 2022 (Amended).
3. As per the allegation made in the FIR, 31 ltrs. of country-made liquor was recovered from the house of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and she has been falsely implicated in the case. Learned counsel further submitted that at the relevant point of time when the seizure was effected, the petitioner was not present, as such, the recovery of the liquor from the house of the petitioner creates doubt. The
Patna High Court CR. MISC. No. 22351 of 2025(2) dt.01-05-2025 2/2 petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that at the relevant point of time of seizure, the petitioner was not present, the petitioner, above named, is directed to be released on prearrest 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise 1st, Araria/successor court in connection with Forbesganj P.S.Case No.716 of 2024 , subject to the condition as laid down under Section 482(2) of the BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) chn/- U T