Ramita Devi @ Ramta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32207 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- JIRADEI District- Siwan ====================================================== Ramita Devi @ Ramta Devi W/o Ranjan Prasad, R/o village - Thepaha Rajaram, P.S.- Ziradei, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sandesh Roy, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending her arrest in connection with Jiradei P.S. Case No. 193 of 2024 dated 31.12.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, during checking of vehicles two persons riding a motorcycle and carrying a sack, fled away leaving behind the motorcycle and the sack on seeing the Police party. On search of the plastic sack, recovery of 45 litres of country made liquor was made. The name of the petitioner transpired during investigation as the owner of the said motorcycle.

Patna High Court CR. MISC. No.32207 of 2025(2) dt.21-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is a lady and has falsely been implicated in this case being the owner of the seized motorcycle. One of the neighbour namely, Alok Singh asked for the motorcycle from the petitioner to go to market and it appears that he misused the motorcycle for transporting liquor. Nothing incriminating has been recovered from person or possession of the petitioner who was not apprehended from the spot. In these facts and circumstances, no offence under Section 30(a) of the Excise Act is made out against the petitioner. The learned counsel lastly submits that the petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is a lady having clean antecedent and no recovery has been shown from the petitioner, let the petitioner above-named, in the event of her arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.32207 of 2025(2) dt.21-05-2025 3/3 Judge Excise Court No. 1, Siwan, in connection with Jiradei P.S. Case No. 193 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T