Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39941 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- DELHA District- Gaya ====================================================== 1.

Usha Devi W/o- Late Naresh Kewat @ Late Naresh Ram MohallaKalyanpur, P.S- Delha, Dist- Gaya 2.

Puja Kumari D/o- Late Naresh Kewat @ Late Naresh Ram MohallaKalyanpur, P.S- Delha, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Delha PS Case No. 107 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 66.370 liters foreign liquor was recovered from the house of the petitioner No.1.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.39941 of 2025(2) dt.25-06-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of petitioner No.1, where other family members also reside. The petitioners are in custody since 09-05-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Delha PS Case No. 107 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T