Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50905 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Pinki Devi W/O Late Bharat Manjhi R/O Village- Kahauara, P.S- Nardiganj, Distt.- Nawada. Present Address- At Village- Fulama, Panchgaon, PostNemdarganj, P.S- Akbarpur, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar 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 Nardiganj P.S. Case No. 169 of 2025 registered on 01.05.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 13 liters country made liquor 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. It is contended that the alleged recovery was not made from the possession of the petitioner; rather, it was effected from in front of the petitioner's house. The said house is joint family property, and the petitioner, being a widow, does not reside there. Instead,

Patna High Court CR. MISC. No.50905 of 2025(2) dt.11-08-2025 2/2 she has been living at her maternal home along with her children. It is further submitted that the petitioner's name has been implicated solely on the basis of suspicion and animosity, as furnished by the local Chaukidar, and there is no evidence against her apart from this unfounded suspicion. The petitioner is stated to have a clean criminal antecedent.

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

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Nawada, in connection with Nardiganj P.S. Case No. 169 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T