Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30135 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Lalita Devi Wife of Yogendra Mahto Resident of Village - Malpur Ward No.- 11, Police Station - Garhpura, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and the State.

2. The petitioner apprehends her arrest in connection with Hasanpur P.S. Case No. 77 of 2024 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act, 2022 lodged on 12.07.2024 by the informant, Nisha Bharti.

3. As per the prosecution story, the informant alleged that on secret information regarding sale of illicit liquor, reached the place, intercepted a pick-up van and there is recovery/seizure of 495 litre foreign liquor. This led to the FIR.

4. Learned Counsel for the petitioner submits that the recovery/seizure is from Anil Kumar Singh, he was using the petitioner's vehicle who is the owner, accordingly, got implicated.

Patna High Court CR. MISC. No.30135 of 2025(2) dt.19-05-2025 2/3

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that she owns the pick-up van.

6. Considering the submissions of the parties as also that the petitioner is a lady, owns the pick-up van, recovery/seizure is from Anil Kumar Singh, in that background, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-01, Samastipur in connection with Hasanpur P.S. Case No. 77 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail

Patna High Court CR. MISC. No.30135 of 2025(2) dt.19-05-2025 3/3 bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T