Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27498 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- KHIJARSARAI District- Gaya ====================================================== Gita Devi W/o Bullu Manjhi @ Bulu Manjhi R/o Vill.- Shantinagar, P.S.- Khizersarai, Distt.- Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amritanshu Dangi, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Khizersarai P.S. Case No. 11 of 2025, dated 19.01.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 1 litre of illicit wine has been made, which is the subject matter of the present case. It is further alleged that 50 litres of illicit Mahua were destroyed at the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the recovery of the alleged illicit wine was made from the petitioner's house but, the petitioner was not present at
Patna High Court CR. MISC. No.27498 of 2025(2) dt.07-05-2025 2/2 the time of recovery. Counsel submits that the petitioner's name has been implicated in this case merely on the basis of suspicion. It is also submitted that the petitioner has no criminal antecedents and is willing to comply with all conditions that may be imposed by this Hon'ble Court.
5. Learned APP for the State opposes the prayer for bail.
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 Exclusive Excise Judge No. 2, Gaya, in connection with Khizersarai P.S. Case No. 11 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T