Devanti Devi @ Deomati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37267 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- GOH District- Aurangabad ====================================================== Devanti Devi @ Deomati Devi W/o Lakhan Ram R/o Village Dasai Bigha, P.S- Daudnagar, District, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, 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 Goh P.S. Case No. 76 of 2025, G.R. No. 440 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2022 lodged on 05.03.2025 by the informant, Diwakar Paswan.
3. As per the prosecution story, the informant alleged that during vehicle inspection, a motorcycle was intercepted and there is recovery/seizure of 10 liter country made liquor, which led to the FIR.
4. Learned Counsel for the petitioner submits that recovery/seizure is from one Dinesh Kumar, she being the owner, got implicated. Dinesh Kumar, being the neighbour, had
Patna High Court CR. MISC. No.37267 of 2025(2) dt.18-06-2025 2/3 taken the motorcycle on request. The lady has no criminal antecedent.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the motorcycle belongs to her.
6. Considering the submissions of the parties as also that the petitioner has no criminal antecedent and is a lady, 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 Court of Special Judge of Excise-II, Aurangabad in connection with Goh P.S. Case No. 76 of 2025, G.R. No. 440 of 2025 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 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
Patna High Court CR. MISC. No.37267 of 2025(2) dt.18-06-2025 3/3 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 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