Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37360 of 2025 Arising Out of PS. Case No.-521 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== 1.
Gita Devi, W/o- Gajendra Sah, Resident of Mohalla-Sursand Ward No.- 9 P.S.-Sursand District- Sitamarhi 2.
Harendra Sah, S/o- Late Bunilal Sah, Resident of Mohalla- Sursand Ward No.- 9 P.S.-Sursand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Vide order dated 17.06.2025, the present bail petition with respect to petitioner no. 2, namely, Harendra Sah was dismissed as withdrawn.
2. Heard learned counsel for the petitioner no. 1 and learned Additional Public Prosecutor for the State.
3. The petitioner no. 1 is apprehending her arrest in connection with Sursand P.S. Case No. 521 of 2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.
4. As per the prosecution case, total 1.260 litres Black Okai was recovered from the house of petitioner no. 1, Gita Devi.
5. Learned counsel for the petitioner no. 1 submits that she is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.37360 of 2025(3) dt.01-09-2025 2/2 petitioner no. 1 and the house in question is a joint family property which is not in the exclusive possession of the petitioner no. 1. She is a lady having one criminal antecedent in which she is on bail as stated in paragraph no. 3 of the bail petition. She undertakes to cooperate in the investigation and trial.
6. Learned APP opposes the prayer for anticipatory bail of the petitioner no. 1.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner no. 1, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sursand P.S. Case No. 521 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) khushbu/- U T