Fulmanti Devi @ Fulwanti Devi @ Fulbanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53268 of 2025 Arising Out of PS. Case No.-50 Year-2020 Thana- GOPALPUR District- Patna ====================================================== Fulmanti Devi @ Fulwanti Devi @ Fulbanti Devi W/o- Tetar Manjhi VillageBhelwara Musahari PS- Gopalpur Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Khushi Awadh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in connection with Gopalpur P.S. Case No.50 of 2020 instituted under Sections 30(a), 30(d), 34, 36 and 44(i) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 150 litres wine from the houses of 17 accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is alleged that total 150 litres wine was recovered from the house of 17 accused persons, out of which 09 litres wine is said to have been recovered from the joint house of the petitioner. Nothing has been recovered from

Patna High Court CR. MISC. No.53268 of 2025(2) dt.18-08-2025 2/2 conscious possession of the petitoner. Petitioner has no concern with the seized liquor. Petitioner is a lady and she had no knowledge about the seized liquor. It is further submitted that similarly situated co-accused Bijendra Manjhi has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 03.08.2021 passed in Cr.Misc. No.17841 of 2021. Petitioner has no criminal antecedent and she undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsels for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, 2nd, Patna in connection with Gopalpur P.S. Case No.50 of 2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T