Daulat Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37163 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Daulat Devi Wife of Lalan Sahani Resident of village - Arba, P.S.- Bachhwara, Distt.- Begusarai 2.

Rajan Paswan @ Rajan Kumar Paswan Son of Jagdish Paswan Resident of village - Rajapur, P.S.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 31 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3.

As per the prosecution case police got information that one Daulat Devi had been manufacturing illegal country made wine near her house at village Arba. On this information the police party reached at the P.O but no accused was present there. On search 04 litres of illegal country made wine has been recovered from the ditch situated near the house of petitioner no. 1.

Thereafter, police got information that Rajan Paswan and others

Patna High Court CR. MISC. No.37163 of 2025(2) dt.10-06-2025 2/3 had been manufacturing illegal country made wine on a large scale at Farchiwan Vandol Gacchi. On this information the police party reached at the P.O but no accused was present there. On search total 20 litres of illegal countrymade wine has been recovered 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against him and have falsely been implicated in the present case. Petitioners have no knowledge and concern with the alleged recovery. Nothing incriminating articles have been recovered from the conscious possession or the premises belonging to the petitioners. It is submitted that alleged recovery was made from the ditch situated near the house of the petitioner no. 1. It is further submitted that alleged recovery is surrounded by so many families and the structure/building is in open state which is accessible to one and all. It is next submitted that the name of the petitioners have been implicated in this case merely on the basis of suspicion. The petitioners have no criminal antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

Patna High Court CR. MISC. No.37163 of 2025(2) dt.10-06-2025 3/3 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 31 of 2025,subject to the conditions as laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita 2023.

(Anil Kumar Sinha, J) Raj Ranjan/- U T