Jalati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23540 of 2025 Arising Out of PS. Case No.-167 Year-2024 Thana- Shahartelpa P.S. District- Arwal ====================================================== Jalati Devi Wife of Dilchand Manjhi R/v - Ajab Nagar, P.S.- Shehar Telpa, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Shahar Telpa P.S. Case No. 167 of 2024, lodged on 21.12.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, total recovery of 18 liters of country made liquor is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that F.I.R. has been lodged in the month of December,

Patna High Court CR. MISC. No.23540 of 2025(2) dt.30-04-2025 2/2 2024 during the peak agriculture season, the petitioner was engaged in agricultural work in the field at that time. However, despite this, the F.I.R. has been lodged and recovery was shown from her house. The antecedent of the petitioner is clean.

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

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Special Judge-II Excise, Jehanabad, in connection with Shaha Telpa P.S. Case No. 167 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Neha/- U T