Yashoda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37294 of 2025 Arising Out of PS. Case No.-982 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== Yashoda Devi Wife of Rankumar Manjhi Resident of Village- Kaira, P.S.- Tetarhar, District-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Irshad, Adv.
For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Excise P.S. Case No. 982 C2/2023 for the offence registered under sections 30(a) of Bihar Prohibition Excise Amendment Act, 2018 lodged on 10.12.2023 by the informant, Ravi Sinha.
3. As per the prosecution story, the informant alleged that on secret information, a tempo was intercepted and there is recovery/seizure of 31.500 liter foreign liquor. Those present in the tempo, including the driver were arrested. This led to the FIR.
4. Learned Counsel for the petitioner submits that she is a lady having no criminal antecedent, only because the tempo
Patna High Court CR. MISC. No.37294 of 2025(2) dt.18-06-2025 2/3 belongs to her which she had given to be driven by a driver, got implicated.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the vehicle belongs to the lady.
6. Taking into account the aforesaid facts as also those riding the tempo already stands arrested with the liquor, this lady owns the tempo and has no criminal antecedent, in that background, this Court is inclined to grant her the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Lakhisarai in connection with Excise P.S. Case No. 982 C2/2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.37294 of 2025(2) dt.18-06-2025 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his 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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T