Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42499 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Sunita Devi W/o Ajay Ray R/o Vill- Akhilpur, Ward No. 13, P.S.- Akhilpur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends her arrest in connection with Awtarnagar P.S. Case No.293 of 2024 lodged on 15.10.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per the prosecution, the total recovery of 160 liters of illicit liquor has been recovered from two motorcycles, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.42499 of 2025(2) dt.09-07-2025 2/3 petitioner is innocent and has committed no offence. Counsel also submits that the said recovery has not been made from conscious possession of the petitioner. He further submits that petitioner has purchased a motorcycle in her name and her husband used to run the said motorcycle. He further submits that her husband has kept motorcycle near the bank of river to reach village through boat and some strange person has kept his bag on the said motorcycle. In the meantime, police reached there and the said recovery has been made.

5. Counsel submits that the criminal antecedent of the petitioner is clean and submits that in future, she will take precaution.

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

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of 1st Exclusive Special Excise Judge, Saran at

Patna High Court CR. MISC. No.42499 of 2025(2) dt.09-07-2025 3/3 Chapra, in connection with Awtarnagar P.S. Case No.293 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T