Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53793 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Rambha Devi S/O Harendra Ram R/O Vill.-Bijulpur Jirat, P.S.- Turkauliya, District- East Champaran,Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 159 of 2025 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibiton and Excise Act.

3. The prosecution case, in short, is that total 131.76 litres of foreign liquor was recovered from Hut.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that hut does not belongs to the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against

Patna High Court CR. MISC. No.53793 of 2025(2) dt.01-08-2025 2/2 the petitioner. The petitioner has no any criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Similarly situated other coaccused has been granted regular bail by this Court vide order dated 07.07.2025 passed in Cr. Misc. No. 41852 of 2025.

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 Turkauliya P.S. Case No. 159 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