Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53369 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== Jyoti Kumari Daughter of Faken Sah @ Fekan Sah, Resident of Village - Malkauniy, P.S.- Pachpakari, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate.

For the Opposite Party/s :

Mr. Anant Kumar 1, 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. The petitioner apprehends her arrest in connection with Pachpakri P.S. Case No.56 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 59.400 liter Nepali liquor from the straw house of the petitioner situated at Village Malkauniya Nahar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery has been made from an open place outside from the residential house of the petitioner and she has no concern with the seized liquor. Learned counsel submits that no incriminating article has been

Patna High Court CR. MISC. No.53369 of 2025(2) dt.18-08-2025 2/2 recovered from the conscious possession of the petitioner. He further submits that the petitioner or his family members were not present at the place of occurrence. Learned counsel submits that petitioner is unmarried girl, having one 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 counsel 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 upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, East Champaran at Motihari in connection with Pachpakri P.S. Case No.56 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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