Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31860 of 2025 Arising Out of PS. Case No.-355 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Sona Devi Wife of Bikaram Singh Resident of Village -Indrapuri Police Station- Dehri (Town), District -Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending her arrest in connection with Tilauthu P.S. Case No. 355 of 2024 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received informant about co-accused son of the petitioner Amarjeet Kumar and other co-accused persons doing trade of illicit liquor. A raid was conducted and a person riding a Pulsar motorcycle fled away from the spot leaving behind his motorcycle. The person coming on an Eon car also tried to flee away on seeing the police party but he was apprehended who disclosed his name as co-accused Vivek Kumar @ Bhola and the apprehended coaccused further disclosed the name of driver of the Pulsar

Patna High Court CR. MISC. No.31860 of 2025(2) dt.19-05-2025 2/3 motorcycle to be Amarjeet Kumar Singh. From the Pulsar motorcycle, 55 litres of country made Mahua liquor was recovered. From the Eon car, 275 litres of country made Mahua liquor, a mobile phone and Rs.5,000/- in cash were recovered. The name of the petitioner transpired in this case being the owner of the Pulsar motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from her conscious possession. There is no separate recovery of from co-accused son of the petitioner. The motorcycle of the petitioner was being used by her son Amarjeet Kumar Singh. The petitioner has been named in this case merely because she is owner of the motorcycle seized in this case, otherwise the petitioner has no concern with the seized country made Mahua liquor. 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 the petitioner is a lady has been made accused being the

Patna High Court CR. MISC. No.31860 of 2025(2) dt.19-05-2025 3/3 owner of the motorcycle and mother of co-accused Amarjeet and further considering the clean antecedent of 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 Excise Court No. 2 -cum- Additional District & Sessions Judge, Rohtas at Sasaram/concerned court in connection with Tilauthu P.S. Case No. 355 of 2024, subject to the condition 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) DKS/- U T