Hiramati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28058 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== HIRAMATI DEVI WIFE OF RAJESHWAR SAHANI VILLAGE-MALAHI, PS-CHHAURADANO, DISTRICT-EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chhauradano P.S. Case No. 26 of 2025 registered for the offence punishable under Section 30(a)/41(1) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 40 litres of country made liquor from the bank of Tiyar River.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case on the disclosure made by the chaukidar due to enmity. The petitioner was not present at the place of occurrence. She has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone. She has clean antecedent.

Patna High Court CR. MISC. No.28058 of 2025(2) dt.07-05-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the place of recovery is an open place which is accessible to anyone, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, East Champaran in connection with Chhauradano P.S. Case No. 26 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T