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Patna High CourtCR. MISC./28101/2025bail granted

Bebi Devi v. The State Of Bihar

2025-05-07Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28101 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- RAJPUR District- Rohtas ====================================================== Bebi Devi, aged about 40 years, Female, Wife of Amit Ram Resident of Village - Baligaon, P.S.- Rajpur, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajpur P.S. Case No. 26 / 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 10 litres of illicit liquor was recovered from a motorcycle bearing Registration No. BR - 24- AM- 8716

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was

Patna High Court CR. MISC. No.28101 of 2025(2) dt.07-05-2025 2/3 not present and the said motorcycle was being driven by coaccused Chhathu Paswan, who is Devar of the petitioner and petitioner had no idea that that he was carrying liquor on the said motorcycle. Petitioner has no connection with the seized liquor. Petitioner is a lady, having clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR and also the fact that petitioner is a lady, having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Rohtas at Sasaram / Concerned Court in connection with Rajpur P.S. Case No. 26 / 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.28101 of 2025(2) dt.07-05-2025 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T