Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43416 of 2025 Arising Out of PS. Case No.-662 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Rita Devi W/o Raj Mohan Ray @ Rajmohan Kumar RAy R/o VillageLitiyahi, P.S.- Raghopur Rustampur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 960 liters of country made liquor is said to have been recovered from a pick-up van.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has surfaced in the present case on the ground that she is the owner of the said vehicle. However, it has been submitted that the vehicle was being used for commercial purposes and the same was being driven by a driver on rent. It is further submitted that the mandatory provisions of search and

Patna High Court CR. MISC. No.43416 of 2025(3) dt.06-08-2025 2/2 seizure have been violated as there is no independent witness to the seizure list. The petitioner is a lady having no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. At this stage, petitioner offers to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Counsel Branch, Patna.

7. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 662 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T