Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32614 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Anju Devi W/O Late Amit Manjhi R/O Village- Salempur (Bhusunda), P.SMufassil, Distt.- Gaya, at present residing at Maike Village- Khiriyawan, P.SMagadh Medical, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Magadh Medical P.S. Case No. 83/2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 40 liters country made Mahua liquor behind the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. No incriminating article has been recovered from the possession of the petitioner The petitioner has no concern with

Patna High Court CR. MISC. No.32614 of 2025(2) dt.21-05-2025 2/3 the seized liquor. The petitioner being a lady and having no criminal antecedent and she has falsely been implicated in this case merely on suspicion. He orally submits that place of recovery is behind the house of the petitioner and she is not in exclusive possession of the same hence, she cannot be held liable for the alleged recovery. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, the petitioner being a lady, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Exclusive Special Excise, Court No.4, Gaya in connection with Magadh Medical P.S. Case No. 83/2025,

Patna High Court CR. MISC. No.32614 of 2025(2) dt.21-05-2025 3/3 subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T