Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48686 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== BACHCHI DEVI W/O HORIL SAHANI R/o vill - Kharsal, Jogauliya Rupni Tola, P.S.- Madhuban, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Adv For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Suraj Kumar Tiwari learned counsel for the petitioner and Mr. Abhay Kumar learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Motipur P.S. Case No. 117/2025 instituted for the offence under Sections 317(5) of the BNS, and 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that all together 17.280 liters of country-made liquor was recovered from the room of old building.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and have committed no offence. She has falsely been implicated in this case and nothing has been recovered from her possession. Learned counsel for the petitioner has submitted that the name

Patna High Court CR. MISC. No.48686 of 2025(2) dt.05-08-2025 2/2 of this petitioner has surfaced in this case that her son was there on the bike and also petitioner is the owner of the bike. She has been named only on the basis of her presence. He further submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Motipur P.S. Case No. 117/2025, she will 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 learned Exclusive Special Judge Excise-II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) krishnakant/- U T