Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35930 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Sita Devi W/o Singeshwar Paswan @ Singheshwasr Paswan R/o VillageShahbazpur Puraina (Balbhadarpur), P.S.- Patepur (Harlochanpur Suki), District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sudha, Adv.
For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending her arrest in connection with Patepur (Harlochanpur Suki) P.S. Case No. 29/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.
3. As per prosecution case, there is alleged recovery of 40 liters country made liquor from the house of coaccused Singheshwar Paswan. Apprehended co-accused Singheshwar Paswan disclosed the name of petitioner and others who were involved in the business of illicit liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.35930 of 2025(2) dt.18-06-2025 2/3 in the FIR. He orally submits that the petitioner is wife of apprehended co-accused Singheshwar Paswan due to which police has falsely been implicated the petitioner in this case. The petitioner being a lady and bears no criminal antecedent. The petitioner has nothing to do with the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. He further submits that seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, petitioner being a lady, keeping in view clean antecedent of petitioner, 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
Patna High Court CR. MISC. No.35930 of 2025(2) dt.18-06-2025 3/3 Court of learned Exclusive Special Excise Court No.2 cum Additional District and Sessions Judge, Vaishali at Hajipur in connection with Patepur (Harlochanpur Suki) P.S. Case No. 29/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) amitkumar/- U T