Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50876 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Lalita Devi W/O Sikandra Dhangar @ Sikindra Dhangar Resident of VillageDipau Dhangar Toli, Talwa Pokhakar, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Kotwa P.S. Case No.340 of 2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution, the total recovery of 90 litres of illicit liquor have been alleged to be made from a cattle hut, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and her name has been transpired by local chaukidar who has inimical relation with her and the said cattle hut from where the recovery

Patna High Court CR. MISC. No.50876 of 2025(2) dt.11-08-2025 2/2 has been made, belongs to joint family. Counsel further submits that criminal antecedent of the petitioner is clean. He further submits that the said recovery has not been made from conscious possession of the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge, Excise Court No.1, East Champaran, Motihari in connection with Kotwa P.S. Case No.340 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T