Chhathiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37300 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- AIRPORT District- Patna ====================================================== Chhathiya Devi W/o- Pappu Paswan @ Arvind Paswan @ Arvind Kumar Resident of Garabhuchak Katahaltar Jagdeopath, Mushahari, Police stationHawai Adda, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Hawai Adda P.S. Case No. 51 of 2025 for the offence under Section 30(a) of Bihar Prohibition and Excise Act, lodged on 12.03.2025, by the informant Monoj Kumar Singh.

3. As per the prosecution story, the informant alleged that on secret information they raided a place near the house of the petitioner, there is recovery/seizure of 5 litres of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that there is a recovery/seizure is from the joint house belonging to the in-law's and nothing has been recovered from the conscious

Patna High Court CR. MISC. No.37300 of 2025(2) dt.18-06-2025 2/3 possession, only because she has criminal antecedent of same nature, she has been implicated in the present case.

5. Learned APP opposes the prayer submitting that the recovery/seizure is outside the house.

6. Considering the submissions put forward by the parties as also the fact that nothing has been recovered from her conscious possession and she is a lady, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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 Special Judge, Excise Act-I, DistrictPatna, in connection with Hawai Adda P.S. Case No. 51 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (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 his/her

Patna High Court CR. MISC. No.37300 of 2025(2) dt.18-06-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or 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 bail bonds. (Rajiv Roy, J) Saurav/- U T