Chandrakala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32993 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- SAKRI District- Madhubani ====================================================== CHANDRAKALA DEVI W/o SHYAM SAHANI R/O VILL- SAKRI PURANI BAZAR, PS- SAKRI, DISTT - MADHUBANI ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :
Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending her arrest in connection with Sakri P.S. Case No. 24 of 2025, G.R. No. 231 of 2025 registered for the offence punishable under Section 274, 275 of BNS and 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 10.200 litre illicit country made liquor was recovered from possession of apprehended coaccused Manika Devi who disclosed that said liquor was being sold at the behest of the present petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of four cases in which she is on bail. Learned counsel further submits that
Patna High Court CR. MISC. No.32993 of 2025(2) dt.26-05-2025 2/3 except disclosure of apprehended co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner was not found on the place of occurrence. Petitioner has no concern with the seized liquor. Learned counsel further submits that due to inimical term with co-accused Manika Devi, petitioner has been falsely implicated in this case. Seizure list has not been made as per law. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, 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 District and Additional Sessions Judge-II cum Special Judge, Excise Act,
Patna High Court CR. MISC. No.32993 of 2025(2) dt.26-05-2025 3/3 Madhubani in connection with Sakri P.S. Case No. 24 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T