Durgawati Devi @ Durgavati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56370 of 2025 Arising Out of PS. Case No.-105 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Durgawati Devi @ Durgavati Devi W/O Kishor Nut @ Kishor Nat R/O Vill.- Bhawanipur Matwaram Tola, P.S.- Sangrampur, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 105 of 2022 instituted for the offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total3 litres of liquor was recovered from the house and 1000 litres of pass was destroyed at the spot.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It is submitted that recovery is made from the joint house o the petitioner where the other family members also
Patna High Court CR. MISC. No.56370 of 2025(2) dt.11-08-2025 2/3 reside. The name of the petitioner transpired in this case on the basis of disclosure of local chowkidar. 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 the petitioner. The petitioner has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Similarly situated other co-accused person has been granted regular bail by this Court vide order dated 14.07.2025 passed in Cr. Misc. No. 43750 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.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sangrampur P.S. Case No. 105 of 2022, subject to the
Patna High Court CR. MISC. No.56370 of 2025(2) dt.11-08-2025 3/3 conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T