Patna High CourtCR. MISC./26111/2025bail granted

Babita Devi v. The State Of Bihar

2025-06-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26111 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== BABITA DEVI WIFE OF LATE BOCHA MANJHI Resident of VillageKurthaul Musahari, Police Station- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Parsa Bazar P.S. case No. 37 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 123.1 liters liquor was recovered out of which 59.1 liters liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The

Patna High Court CR. MISC. No.26111 of 2025(3) dt.27-06-2025 2/2 petitioner is a lady. It is further submitted that no recovery is made from the house of the petitioner rather the recovery has been from the road side and the petitioner has been implicated by the police with oblique motive. The petitioner is in custody since 31.01.2025 and has got two criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 15.04.2025 passed in Cr. Misc. No. 22506 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa Bazar P.S. case No. 37 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T