Srimati Sona Devi @ Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34222 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- ROSERA District- Samastipur ====================================================== Srimati Sona Devi @ Sona Devi Wife of Ram Bali Mahto Resident of village - Bhirha Ward No.- 15, Police Station - Rosera, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Rosera P.S. Case No. 77 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 6.75 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor was recovered from the house of one Arun Lal Baniya, whereafter it was disclosed by some unknown persons that illicit liquor was of this petitioner, who claimed to be a lady of clean antecedent. Admittedly, recovery of

Patna High Court CR. MISC. No.34222 of 2025(2) dt.20-05-2025 2/2 illicit liquor was not made from physical possession of this petitioner.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a lady of clean antecedent, accordingly, abovenamed petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Samastipur, in connection with Rosera P.S. Case No. 77 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T