Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46886 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.
Usha Devi W/o Balmiki Rajvanshi Resident of Village- Jobkala, PSRajouli, Distt.- Nawada 2.
Chanchal Devi W/o Birju Rajvanshi Resident of Village- Jobkala, PSRajouli, Distt.- Nawada 3.
Birju Rajvanshi S/o Late Jitendra Rajvanshi @ Jitan Rajvanshi Resident of Village- Jobkala, PS- Rajouli, Distt.- Nawada 4.
Balmiki Rajvanshi S/o Late Jitendra Rajvanshi @ Jitan Rajvanshi Resident of Village- Jobkala, PS- Rajouli, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Amit Ranjan, Advocate For the State :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a), 30(c) and 45 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 66 litres illicit country made liquor recovered from the forest area.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.46886 of 2025(2) dt.21-07-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner Nos. 1, 2 and 3 have got no criminal antecedents and Petitioner No. 4 has got one criminal antecedent of similar nature in which he is already on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.46886 of 2025(2) dt.21-07-2025 3/3 Excise Judge-2, Nawada in connection with Nawada Excise P.S. Case No. 179 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T