Patna High CourtCR. MISC./33712/2025bail granted

Asha Devi v. The State Of Bihar

2025-05-20Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33712 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- PARAIYA District- Gaya ====================================================== Asha Devi Wife of Late Rinku Manjhi Resident of Village- Bansh Raj Bigha, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Paraiya P.S. Case No. 97 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 lodged on 11.03.2025 by the informant, Surendra Prasad.

3. As per the prosecution story, the informant alleged that on secret information, the house of the petitioner was raided and there is recovery/seizure of 10 litre country made liquor. This led to the FIR.

4. Learned Counsel for the petitioner submits that she has no criminal antecedent and the house from which the recovery has been made is not an exclusive property of this

Patna High Court CR. MISC. No.33712 of 2025(2) dt.20-05-2025 2/3 petitioner. Nothing has been recovered from her conscious possession.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Taking into account the submissions of the parties as also that the petitioner is a lady having no criminal antecedent, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No. 2, Gaya in connection with Paraiya P.S. Case No. 97 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail

Patna High Court CR. MISC. No.33712 of 2025(2) dt.20-05-2025 3/3 bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U