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Patna High CourtCR. MISC./55046/2025allowed

Anita Devi v. The State Of Bihar

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55046 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- RUDRAPUR District- Madhubani ====================================================== Anita Devi wife of Dilip Paswan Village- Mahrail, PS- Rudrapur, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 77 of 2025 instituted under Sections 274, 275, 3(5) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case. 3.6 litres of Nepali liquor was recovered from the pillow in house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is lady. He further submits that the place from the liquor was been recovered in the ancestral house of the petitioner which is open from all the side without any boundary wall and any person can easily entered in the house. Learned counsel submits that at the time of seizure the petitioner was not

Patna High Court CR. MISC. No.55046 of 2025(2) dt.27-08-2025 2/2 present on the spot and due to one criminal antecedent she has been falsely implicated in this case. There is no independent witness in the seizure list. 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 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 Act, Jhanjharpur, District- Madhubani in connection with Rudrapur P.S. Case No. 77 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Raj Ranjan/- U T