Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43760 of 2025 Arising Out of PS. Case No.-321 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sarita Devi W/O Raju Mahto Resident of Village- Maulaganj, Bawali Pokhar, P.S- Laheriya Sarai, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Advocate Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Laheriasarai P.S. Case No. 321 of 2025 registered on 16.05.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 18 liters country made liquor, is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner has a clean criminal antecedent. It is further submitted that the alleged recovery has been shown from the shrub located behind the toilet of the petitioner's premises

Patna High Court CR. MISC. No.43760 of 2025(2) dt.16-07-2025 2/2 and not from his conscious possession. In fact, the petitioner has no concern whatsoever with the alleged liquor, and the recovery cannot be directly attributed to him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Darbhanga, in connection with Laheriasarai P.S. Case No. 321 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T