Kusamanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23177 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Kusamanti Devi, aged about 40 years, female, W/o- Dev Sharan Yadav Resident of Village- Punaura Ward No.9, P.S.- Punaura, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Ashok Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Punaura P.S. Case No. 09 / 2025 registered for the offence(s) punishable under Section30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 66.500. litres of illicit liquor was recovered from a motorcycle, belonging to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that during investigation, petitioner has been made accused being the

Patna High Court CR. MISC. No.23177 of 2025(2) dt.30-04-2025 2/3 owner of the said motorcycle. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and the said motorcycle was being driven by co-accused Amkam Kumar, who is son of the petitioner and petitioner had no idea that that her son was carrying liquor on the said motorcycle. Petitioner, who is a lady, has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR and also the fact that petitioner is a lady, having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 learned Exclusive Special Excise Court No. I, Sitamarhi / Concerned Court in connection with Punaura P.S. Case No. 09 / 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the

Patna High Court CR. MISC. No.23177 of 2025(2) dt.30-04-2025 3/3 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 paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T