Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33043 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- SITAMARHI District- Nawada ====================================================== Mamta Devi W/o Late Dilip Rajbanshi @ Dilip Kumar Resident of - Dhanganwan, PO- Biju Bigha, PS- Sitamadhi, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Ranjan, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Sitamarhi P.S. Case No.72 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 10 litres country made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to one criminal antecedent in which she is on bail. The petitioner is a widow lady and at the time of occurrence, she was not present on the spot. The mandatory provision of preparing a seizure memo has not been followed. Petitioner had no knowledge about liquor and has no concern with the seized

Patna High Court CR. MISC. No.33043 of 2025(2) dt.22-05-2025 2/2 liquor. Petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail 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 Excise Judge 1, Nawada in connection with Sitamarhi P.S. Case No.72 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T