Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30485 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- SARAI District- Vaishali ====================================================== Pinki Devi W/O Sanjay Chaudhary Resident of Village- Belkunda, Narayanpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard Learned counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sarai P.S. Case No. 17 of 2025 lodged on 30.01.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 2 litres of desi chulai liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of alleged liquor has been made from an open hut which does not belong to the petitioner. Counsel submits that nothing has been recovered from the petitioner's possession and her name has come in this case only by virtue of

Patna High Court CR. MISC. No.30485 of 2025(2) dt.14-05-2025 2/2 statement of apprehended person. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that petitioner has no criminal antecedent.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Exclusive Special Excise Judge-II-cum-District and Additional Sessions Judge, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 17 of 2025, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Divyansh/- U T