Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28212 of 2025 Arising Out of PS. Case No.-461 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Sunita Devi S/o Chandan Rajbanshi Resident of village- Dhiraundh, P.S.- Sirdalla, District- Nawada, Pin Code- 805127 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithlesh Prashad Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sirdala P.S. Case No. 461 of 2024 registered for the offences punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case in short is that 250 litres country made liquor was recovered from two motorcycles. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no

Patna High Court CR. MISC. No.28212 of 2025(2) dt.09-05-2025 2/2 concern with the alleged recovery of liquor. Name of the petitioner has surfaced in this as being registered owner of one of the motorcycles in question. Petitioner is a man of clean antecedent. Other co-accused has been granted bail by this Court vide order dated 13-02-2025, passed in Cr. Misc. No. 6709 of 2025.

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.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sirdala P.S. Case No. 461 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Rudra Prakash Mishra, J) Raj Kishore/- U T