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Patna High CourtCR. MISC./30778/2025bail granted

Pinki Devi v. The State Of Bihar

2025-05-15Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30778 of 2025 Arising Out of PS. Case No.-123 Year-2022 Thana- Excise P.S. District- Madhepura ====================================================== Pinki Devi W/o- Lil Sagar Sharma @ Sagar Sharma Village- Maharas PsSalkhua Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 None appears on behalf of the petitioner. Learned APP for the State is present.

2. The petitioner is apprehending arrest in connection with Madhepura Excise P.S. Case No. 123 of 2022, dated 05.04.2022, lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, recovery of 20 litres of country made liquor has been made which is the subject matter of the present case.

4. From the pleading of the petitioner, it appears that the petitioner is innocent and has committed no offence. Counsel further submits that the said wine has been recovered from the motorcycle which belongs to the petitioner. It transpires from the pleading which has been made in para-9 that

Patna High Court CR. MISC. No.30778 of 2025(2) dt.15-05-2025 2/2 petitioner is the owner of the motorcycle, but her husband has given her motorcycle to one of the hi and only due to this reason, his friend has used the said motorcycle in illegal work. Counsel submits that antecedent of the petitioner is clean.

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

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Additional Sessions Judge-VII-cum Special Judge, Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No. 123 of 2022, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Sudhanshu/- U T