Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22774 of 2025 Arising Out of PS. Case No.-805 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== Usha Devi Wife of Late Manoj Kumar @ Late Manoj Kumar Mehta R/o Rulsi Mandi, Gulzarbagh, P.S.- Agamkuan, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Kadamkuan P.S. Case No. 805 of 2019 registered for the offences punishable under Sections 30(a) Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 9.75 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with the present case only being the landlord of the premises. It is submitted that the premises in issue was given on rent to the co-accused namely, Rajesh Sahni, from whom, the alleged illicit liquor appears to be

Patna High Court CR. MISC. No.22774 of 2025(2) dt.30-04-2025 2/2 recovered. It is submitted that petitioner is a lady of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liuqor prima-facie not appears to be made from physical possession of this petitioner, who is a lady of clean antecedent, accordingly, above-named petitioner, in the event of her arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Patna, in connection with Kadamkuan P.S. Case No. 805 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T