Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27754 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- BIRPUR District- Supaul ====================================================== SARITA DEVI W/o- Mohan Sada Village- Puraini W.No-14, Ps- Birpur DistSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Birpur P.S. Case No.54 of 2025.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women and allegation is of recovery of 02 liters of liquor behind the house.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and even alleged recovery is from a place which is accessible to public at large and she came to be implicated at the instance of the Chowkidar or local person in a mechanical manner. It is further submitted that it appears that the

Patna High Court CR. MISC. No.27754 of 2025(2) dt.07-05-2025 2/2 'Chowkidar' or local person in order to save the real culprits falsely implicated the petitioner, when petitioner admittedly is a person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the fact that the petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No.2, Supaul in connection with Birpur P.S. Case No.54 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Sinha, J) Prakash Narayan U T