Kavita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37204 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Kavita Devi W/o- Sanjeet Paswan Village- Rahika P.S- Rahika DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Madhubani Sadar Excise P.S. Case No. 143 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 21.04.2025 by the informant, Prince Kumar.
3. As per the prosecution story, the informant alleged that on secret information, a CNG auto was intercepted and there is recovery/seizure of 114 liters of Nepali country made wine. This led to the FIR.
4. Learned counsel for the petitioner submits that she is a lady and only because the vehicle belongs to her, got implicated. Further, prior to the incident, it was sold to the main accused, Monu Paswan who was apprehended and the petitioner
Patna High Court CR. MISC. No.37204 of 2025(2) dt.18-06-2025 2/3 has no criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also that the petitioner is a lady having no criminal antecedent, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, (Excise Court), Madhubani in connection with Madhubani Sadar Excise P.S. Case No. 143 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.37204 of 2025(2) dt.18-06-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T