Rudo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27757 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Rudo Devi W/o Mukesh Manjhi Resident of Village- Jay Nagar, Lali Pahari, Ward No. 33, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, 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 Excise P.S. Case No.15C2/2025..

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 40 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she came to be implicated based on the fact that she is owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against herself and

Patna High Court CR. MISC. No.27757 of 2025(2) dt.07-05-2025 2/3 hence would get implicated. It is next submitted that petitioner was completely unaware that her son Abhishek would misuse the motorcycle in a manner as alleged who was also apprehended from the spot, 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 no recovery has been made from the conscious possession of the petitioner and that he has been implicated only because he happens to be owner of the seized motorcycle and also given the fact that he has clean antecedent and further that his name has come later. Under these circumstances, this Court is inclined to extend the privilege bail to the petitioner.

7. Accordingly, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge,IInd-cum-Exclusive Special Excise Court,II, Lakhisarai in connection with Excise P.S. Case No.15C2/2025,

Patna High Court CR. MISC. No.27757 of 2025(2) dt.07-05-2025 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

(Alok Kumar Sinha, J) Prakash Narayan U T