Patna High CourtCR. MISC./42431/2025bail granted

Pushpa Devi v. The State Of Bihar

2025-07-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42431 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- JANTA BAZAR District- Saran ====================================================== Pushpa Devi W/O Bhageran Chaudhary R/O Village- Shobhipur, P.S- Janta Bazar, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 95 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 45 liters of illicit country-made liquor from behind the house of the petitioner. The local Choukidar has disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the

Patna High Court CR. MISC. No.42431 of 2025(2) dt.08-07-2025 2/3 present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from her house. The alleged recovery of liquor has been made from the open place which is accessible to one and all. The alleged place of occurrence does not belong to the petitioner. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the local Choukidar. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent in which she is on bail and is languishing in judicial custody since 07.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner being lady, let the petitioner,

Patna High Court CR. MISC. No.42431 of 2025(2) dt.08-07-2025 3/3 abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar P.S. Case No. 95 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T