Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24730 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Asha Devi W/o- Late Mosafir Ram Village- Banka Bigha, Rampur(Pithanua),P.S-Barun, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barun PS Case No. 124 of 2025 instituted for the offences under Sections 30(a)(b)(c)(d), 33 & 36 of the Bihar Prohibition and Excise Act and Sections 317(2), 317(4) & 318(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 300 liters country liquor and other manufacturing articles were 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

Patna High Court CR. MISC. No.24730 of 2025(2) dt.22-04-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner, where other family members also resides. The petitioner is in custody since 13-03-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 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, clean antecedent of the petitioner 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 Barun PS Case No. 124 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T