Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34052 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1.
Urmila Devi W/O Raghubir Manjhi @ Raghuveer Manjhi Resident of Chhapwa Mushahari Tola/ Fulwaria, P.S- Sugauli, Distt.- East Champaran. 2.
Sunaina Devi @ Sunaina Kuar W/O Late Ramadhar Manjhi Resident of Chhapwa Mushahari Tola/ Fulwaria, P.S- Sugauli, Distt.- East Champaran. 3.
Babita Devi W/O Late Ramadhar Manjhi Resident of Chhapwa Mushahari Tola/ Fulwaria, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Sugauli P.S. Case No. 13 of 2025 registered for the offences punishable under Sections 30 (a), 45 and 37 of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioners is to be engage in illegal trading/manufacturing of illicit liquor, where,
Patna High Court CR. MISC. No.34052 of 2025(2) dt.20-05-2025 2/3 there is recovery of 27 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the petitioners submitted that recovery of illicit liquor was made from apprehended co-accused persons namely Abbas Miyan, thereafter on the basis of disclosure and on the suspicion as raised by local chowkidaar name of petitioners were implicated in the present case. It can be safely said that recovery of alleged illicit liquor not appears to be made from the physical possession of petitioners. It is submitted that one of the reason for implication of petitioners in the present case is their criminal antecedents. While concluding the argument it is submitted that petitioner no. 1 found involved in one more case of similar nature, where she is on bail, whereas petitioner no. 2 & 3 are ladies of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from the conscious physical possession of these petitioners, who are ladies, accordingly all
Patna High Court CR. MISC. No.34052 of 2025(2) dt.20-05-2025 3/3 above named petitioners, in the event of their arrest or surrender before the learned Trial Court within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, Motihari, East Champaran/concerned Trial Court where the case is pending in connection with Sugauli P.S. Case No. 13 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS, with further condition:- (i) That petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioners.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T