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Patna High CourtCR. MISC./40280/2025allowed

Amrita Kumari v. The State Of Bihar

2025-09-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40280 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- JAGDISHPUR District- Bhojpur ====================================================== Amrita Kumari S/o Kali Charan Yadav @ Ravi Kumar R/o Village- Duluar, P.S.- Jagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Bans Roy, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Jagdishpur P.S. Case No.85 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 39.750 liter illicit liquor from the rented house of Dadan Lal.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the petitioner was not the owner of the house from where the recovery was made and she was not living in the rented house as alleged. He submits that the recovery was made from the dilapidated/ruined house, which is an open place. He submits that the petitioner has

Patna High Court CR. MISC. No.40280 of 2025(4) dt.15-09-2025 2/2 no concern with the place of occurrence and only on the basis of suspicion, the name of the petitioner transpired in this case. He submits that the petitioner is a lady, she has got no criminal antecedent and she undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Bhojpur in connection with Jagdishpur P.S. Case No. 85 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) AjayMishra/- U T