Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66344 of 2025 Arising Out of PS. Case No.-366 Year-2025 Thana- GANDHIMAIDAN District- Patna ====================================================== Kavita Devi W/o Late Ramashish Ram @ Ram Ashish Basphor, R/o MohallaSalimpur Ahra, Lane No. 3, P.S.- Gandhi Maidan, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Om Prakash Nagmani, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Gandhi Maidan P.S. Case No. 366 of 2025, dated 19.06.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10.800 litres of illicit liquor was recovered from different persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner is a lady and her name surfaced in the present case on the basis of confessional statement of the co-accused Ram Prasad Rana, who is said to have been apprehended by the police. The seized liquor was found outside the door of the house of the petitioner and the said liquor

Patna High Court CR. MISC. No.66344 of 2025(3) dt.24-09-2025 2/2 does not belong to the petitioner. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. He lastly submits that petitioner carries two criminal antecedents out of which one is of similar nature and the petitioner is on bail in both the cases.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner, let the petitioner, abovenamed, be released on anticipatory bail, in the event of her arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Patna, in connection with Gandhi Maidan P.S. Case No. 366 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Ajit Kumar, J) Shahnawaz/- U T