Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26714 of 2025 Arising Out of PS. Case No.-411 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Malti Devi W/o- Bhulawan Mahto Resident of village - Rampur Khajuria, PsDumariya Ghat, Dist- Motihari at East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamli Kumari, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Siwan Excise Sadar P.S. Case No. 411 of 2024 dated 06.07.2024, instituted for the offence punishable under Section 30(a) of the Bihar Excise Act.

3. The allegation is of recovery of 0.375 litre foreign liquor from motorcycle bearing Registration No. BR05AQ7946.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that the said motorcycle was seized and the driver of the said motorcycle, namely, Bhola Mahto @ Bhulawan Mahto, who is husband of the petitioner was apprehended by the police. It is submitted that the said vehicle is registered in the name of the petitioner, which has been given by the father of the petitioner as a gift. It is further submitted

Patna High Court CR. MISC. No.26714 of 2025(2) dt.07-05-2025 2/2 that the husband of the petitioner is using the said motorcycle. It is also submitted that nothing has been recovered either from the conscious possession of the petitioner or from her house. Lastly, it has been submitted that she has no criminal antecedent.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Siwan Excise Sadar P.S. Case No. 411 of 2024, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. II, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C./482(2) of B.N.S.S..

(Khatim Reza, J) prabhat/- U T