Nagina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30403 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- AMJOR District- Rohtas ====================================================== Nagina Devi W/O Gopal Chaudhary R/O Village- Saraiya, Bhadai Mohalla, P.S- Amjhor, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Amjhor P.S. Case No. 28 of 2025 registered on 29.03.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 12 liters country made liquor 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. Nothing has been recovered from the conscious possession of the petitioner; rather, the alleged recovery was made near the wall of a kabristan, which is a public place and does not belong to the petitioner. It is further submitted that the petitioner has been

Patna High Court CR. MISC. No.30403 of 2025(2) dt.15-05-2025 2/2 implicated in the present case solely on the ground of being the wife of co-accused Gopal Chaudhary. Except for this, there is no material on record to connect the petitioner with the alleged offence. The petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Rohtas at Sasaram, in connection with Amjhor P.S. Case No. 28/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T