Gulab Bati Devi @ Gulab Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28864 of 2025 Arising Out of PS. Case No.-325 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Gulab Bati Devi @ Gulab Devi W/o- Dinesh Mukhiya Resident of VillageChakdah Police Station- Rajnagar Dist- Madhubani, A/P- Village- Bharatpatti Ps- Kaluahi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 325 of 2021 instituted for the offences under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 567 liters of illicit Nepali liquor from five motorcycles and one Scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and her name has surfaced in this case in course of investigation on the basis of

Patna High Court CR. MISC. No.28864 of 2025(2) dt.06-05-2025 2/2 her being the owner of the seized Scooty. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 10.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the petitioner being lady, let the petitioner, abovenamed, 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 Jaynagar P.S. Case No. 325 of 2021.

(Rudra Prakash Mishra, J) rishi/- U T