Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51546 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura ====================================================== Rekha Devi W/O Ramakant Yadav Resident of Village- Bhavra Ward No. 01, P.S- Sonbarsa, District- Saharsa, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Udakishunganj Excise P.S. Case No. 202 of 2024 arising out of Excise Case No. 110 of 2025 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 150 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It is submitted that the name of the petitioner has transpired as being owner of the motorcycle in question. The petitioner has got no concern with the alleged recovery of liquor. Learned

Patna High Court CR. MISC. No.51546 of 2025(2) dt.25-07-2025 2/2 counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 of the case, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishunganj Excise P.S. Case No. 202 of 2024 arising out of Excise Case No. 110 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T