Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51758 of 2025 Arising Out of PS. Case No.-836 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Laxmi Devi S/O Durgesh Ravidas @ Durgesh Kumar R/O Village- Nimi, P.SEkangar Sarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2018.
3. Learned counsel for the petitioners submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 100 liters of liquor from an auto and Vikas was apprehended.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and she came to be implicated based on the fact that she is owner of the seized auto. It is further submitted that no prudent person would use her own
Patna High Court CR. MISC. No.51758 of 2025(2) dt.12-08-2025 2/3 vehicle for committing an occurrence and thus create evidence against herself.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Phulwari (Janipur) P.S. Case No. 836 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed her antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.51758 of 2025(2) dt.12-08-2025 3/3 antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) krishna/- U T