Laxaminiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45247 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Laxaminiya Devi, W/O Jang Bahadur Paswan, Resident of villageMadhopur, PS- Chiraiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 172 of 2024 dated 19.03.2025 registered for the offences punishable u/ss Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, total 28 litres of country made liquor was recovered beside the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on suspicion. Petitioner has no concern with the
Patna High Court CR. MISC. No.45247 of 2025(2) dt.15-07-2025 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner rather the seized liquor was recovered beside the house of the petitioner which does not belong to the petitioner. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned/Exclusive Special Excise Court No. 01, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 172 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) khushbu/- U T