Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23012 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- KURSAKANTA District- Araria ====================================================== Sunita Devi W/o Ramnarayan Yadav @ Namnarayan Yadav R/o VillagePagdera, Ward No. 13, P.S.- Sonamani Godam, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== 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 petitioner is apprehending arrest in connection with Kursakanta P.S. Case No. 142 of 2024, dated 01.12.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 4.8 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offense. Counsel further submits that the petitioner is a lady, and only because she is the owner of the said vehicle, her name has been figured in the case. Counsel further submits that on the date of occurrence,

Patna High Court CR. MISC. No.23012 of 2025(2) dt.30-04-2025 2/2 the petitioner's son was traveling on the said motorcycle and was apprehended from the spot. She is completely unaware of the incident, but her name has only figured in this case because the said motorcycle belongs to her. The petitioner is also not named in the FIR. Counsel also submits that the criminal antecedents of the petitioner are 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 Trial Court 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 District and Additional Sessions Judge- cumExclusive Special Judge Excise- II, Araria, in connection with Kursakanta P.S. Case No. 142 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T