Najmun Nisha @ Najmul Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42987 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Najmun Nisha @ Najmul Nisha Wife of Aladin Resident of Village - Bishunpura, P.S.- Maharajganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a), 32(3) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 36 litres of beer from a motorcycle bearing Registration No. BR-29AL-45481, which is stated to be owned by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.42987 of 2025(2) dt.14-07-2025 2/3 has committed no offence. She has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Apprehended co-accused persons are co-villagers of the petitioner and they have taken the aforesaid motorcycle on the pretext of some urgent work but they misused the motorcycle. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Siwan Excise P.S. Case no. 243 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.42987 of 2025(2) dt.14-07-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise II, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T