Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29094 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- AMJOR District- Rohtas ====================================================== Kalawati Devi Wife of Jokhan Paswan Village- Bishunpura, ward no. 7, Ramdira, Tilouthu, ps- Amjhore, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Amjore P.S. Case No. 26 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 26.03.2025 by the informant, Ganesh Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the house of the petitioner was raided and there is recovery/seizure of six liters of country made mahua liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that recovery/seizure is from an open house and she is a house lady, implicated.

5. Learned APP, Mr. Bharat Bhushan opposes the prayer.

Patna High Court CR. MISC. No.29094 of 2025(2) dt.19-05-2025 2/3

6. Taking into account the submissions of the parties as also that petitioner is a lady having no criminal antecedent and the recovery is not from her conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Rohtas at Sasaram in connection with Amjore P.S. Case No. 26 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.29094 of 2025(2) dt.19-05-2025 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T