Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32368 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- YADUNATHPUR District- Rohtas ====================================================== Geeta Devi W/O Vinod Ram R/O Village- Navadih Kala, P.S- Yadunathpur, Distt.- Rohtas at Sasaram.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Yadunathpur P.S. Case No. 03 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, one lady is said to have fled away after throwing plastic gallon. Local chowkidar disclosed the name of petitioner who fled away from the spot after throwing the gallon from which 3 litre illicit country made liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. He further

Patna High Court CR. MISC. No.32368 of 2025(2) dt.19-05-2025 2/3 submits that petitioner being lady has been falsely implicated in the present case on the basis of suspicion. There is no compliance of Section 103 of B.N.S.S. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found on the place of occurrence. Petitioner has no concern with the seized liquor. 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, petitioner is lady and has no criminal antecedent, 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 Special Judge, Excise-1, Rohtas at Sasaram in connection with Yadunathpur P.S. Case No. 03 of 2025, subject to the conditions as laid down

Patna High Court CR. MISC. No.32368 of 2025(2) dt.19-05-2025 3/3 under Section 482(2) of B.N.S.S.

7. The application stands allowed.

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