Amerika Devi @ Amerka Devi @ Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28718 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Amerika Devi @ Amerka Devi @ Urmila Devi Wife of Khushilal Sahni R/o - Baruar, P.S - Babubarhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. From the perusal of the first information report and the seizure list, it would appear that a total of 32 liters of country made liquor was recovered from the house of one Khusi Lal Sahni against whom there was a confidential information that he was engaged in manufacturing of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner happens to be the wife of Khusi Lal Sahni from whose house the illicit liquor was recovered and the secret information is also with respect to her husband and not with the petitioner. Further, the house is a joint family property and no

Patna High Court CR. MISC. No.28718 of 2025(3) dt.18-06-2025 2/2 liability can be fixed on the petitioner. No recovery has been made from the personal or conscious possession of the petitioner and the witnesses to the seizure list are the members of the police raiding party. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes for prayer for bail.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Babubarhi P.S. Case No. 27 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of District and Additional Sessions Judge-II-CumSpecial Judge (Excise Act), Madhubani, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) ajay/- U T