Kosami Devi @ Kanti Devi @ Koshami Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35074 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- EXCISE PALIGANJ District- Patna ====================================================== Kosami Devi @ Kanti Devi @ Koshami Devi W/O Late Bhera Manjhi R/O Sundarpur, Naharpar, P.S- Bikram, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Special Excise P.S. Case No. 683/2025 (arising out of Excise Paliganj P.S. Case No. 144/2025) registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police came to know that a woman was hiding suspicious article near a canal. The said woman was apprehended who disclosed her name as Kosami Devi @ Kanti Devi and on search a total of 39 liters of illegal country made liquor was recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case and admittedly the said recovery of country-made liquor
Patna High Court CR. MISC. No.35074 of 2025(2) dt.29-05-2025 2/3 was made near a canal which is an open place accessible to all. Learned counsel further submits that the petitioner has no concern whatsoever with the said recovery of illicit liquor. It is lastly submitted that the petitioner carries clean antecedent and is in custody since 03.03.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the recovery was made from an open space and the petitioner has clean antecedent, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur in connection with Special Excise Case No. 683/2025 (arising out of Excise Paliganj P.S. Case No. 144/2025) subject to the conditions :- a. One of the bailors of the petitioner shall be her close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail,
Patna High Court CR. MISC. No.35074 of 2025(2) dt.29-05-2025 3/3 the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T