Nunbatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52180 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- Charkapathar District- Jamui ====================================================== Nunbatiya Devi W/o Tuli Yadav @ Tulo Yadav @ Tullu Yadav R/o VillageTahkar, P.S.- Charkapathar, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Charkapathar P.S. Case No.55 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 36 litres of illicit liquor have been alleged to be made from a motorcycle, 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 due to owner of the motorcycle. Counsel further submits that criminal antecedent of the

Patna High Court CR. MISC. No.52180 of 2025(2) dt.12-08-2025 2/2 petitioner is clean. He further submits that the said recovery has not been made from conscious possession of the petitioner. He further submits that the said vehicle has been given to her husband's friend and she was not aware that he has been doing illegal work with the said motorcycle.

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 Exclusive Excise-II, Jamui in connection with Charkapathar P.S. Case No.55 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

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