Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40452 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== Punam Devi Wife of Bnatu Das Resident of Village- Chhath Pokhar Tatma Toli, P.S.- K. Hat, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Excise P.S. Case No. 306 of 2025 instituted under Sections 30(a) and 47 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8.625 litre foreign liquor has been recovered from a bag kept on the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to being the owner of the said motorcycle. It is submitted that on the date of occurrence the petitioner had given her motorcycle bonafidely to one Lalan @ Lalla @ Julmi S/o Ganesh Das who is a co-villager of the petitioner on his request

Patna High Court CR. MISC. No.40452 of 2025(4) dt.16-09-2025 2/2 showing necessity of the medical treatment of his mother. The petitioner had no knowledge about the misuse of the vehicle by the said person who has taken the motorcycle. The petitioner has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has no knowledge about the occurrence. The petitioner is a lady having no criminal antecedent and she undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise (Court No.2), Purnea in connection with Excise P.S. Case No. 306 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) AjayMishra/- U T