Patna High CourtCR. MISC./26652/2025bail granted

Asha Kumari v. The State Of Bihar

2025-05-07Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26652 of 2025 Arising Out of PS. Case No.-168 Year-2024 Thana- EXCISE JAGDISHPUR DistrictBhojpur ====================================================== Asha Kumari, aged about 19 yers, female, W/o Suraj Kumar, D/o Shivsagar Sah, R/o Village- Nadhi, P.S.- Sahar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Jagdishpur Excise PS Case No.168 of 2024 dated 24.08.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 15 litres countrymade liquor from the motorcycle bearing registration no. BR03AN 1850, which is registered in the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the motorcycle from which illicit liquor was recovered has been gifted to her by

Patna High Court CR. MISC. No.26652 of 2025(2) dt.07-05-2025 2/2 her parents on the occasion of her marriage which was being used by her husband, Suraj Kumar, who was arrested at the spot. Further submission is that nothing has been recovered from the conscious possession of the petitioner. Petitioner is a lady having clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 2nd, Bhojpur, Ara, in Jagdishpur Excise PS Case No.168 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T