Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28814 of 2025 Arising Out of PS. Case No.-301 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== Sunita Devi W/o Ram Ratan Kumar R/o Village- Lalpatti, Ward No. 9, P.S.- Singheshwar, District- Madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, not named in the F.I.R., is apprehending her arrest in connection with Madhepura Excise P.S. Case No. 301 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 18 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner firstly implicated in this case being wife of apprehended co-accused person and secondly for the reason that motorcycle bearing registration no. BR43Y-5688, which was found involved in carrying of illicit liquor, was registered in her

Patna High Court CR. MISC. No.28814 of 2025(2) dt.07-05-2025 2/2 name. It is further submitted that petitioner is a lady of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a lady of clean antecedent, accordingly, abovenamed petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, ExciseII, Madhepura, in connection with Madhepura Excise P.S. Case No. 301 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T