Parwati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48730 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- KATRA District- Muzaffarpur ====================================================== Parwati Devi S/o Ram Gulam Sahni R/o Vill- Dhanaur, P.S.- Katra, DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazharul Hassan, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Katra P.S. Case No. 34 of 2025, registered under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 6.5 liters liquor was recovered behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the alleged recovery has been made behind the house of the
Patna High Court CR. MISC. No.48730 of 2025(2) dt.16-07-2025 2/2 petitioner which is an open place and the same is easily accessible to the public at large. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katra P.S. Case No. 34 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T