Kuwary Devi @ Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50962 of 2025 Arising Out of PS. Case No.-750 Year-2024 Thana- GARKHA District- Saran ====================================================== Kuwary Devi @ Kumari Devi W/O Mukesh Nat R/O Village- Maiki, P.SGarkha, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Garkha P.S. Case No. 750 of 2024, dated 08.12.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of Special Judge-1st, Saran at Chapra.

3. As per the prosecution, total recovery of 25 litres of illicit liquor has been made, 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. He further submits that the petitioner is a lady and nothing has been recovered from her possession. It is also submitted that the petitioner's name has figured in this case solely on the basis of

Patna High Court CR. MISC. No.50962 of 2025(2) dt.11-08-2025 2/2 secret information. Furthermore, he submits that the criminal antecedent of the petitioner is not clean, as two criminal cases are pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that two criminal cases are pending against the petitioner, one of which pertains to an Excise matter.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T