Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58907 of 2025 Arising Out of PS. Case No.-478 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Kusum Devi, Gender-Female, Wife of Manoj Mukhiya, Resident of VillageShekh Majhariya Ward No. 05, P.S- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard Mr. Sarvesh Kashyap, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Tiwary , learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Majhauliya P.S. Case No. 478 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 16 litres of countrymade liquor from a poultry farm situated behind the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the seized liquor nor she is involved in trade of liquor in any manner. The

Patna High Court CR. MISC. No.58907 of 2025(2) dt.23-09-2025 2/3 place of recovery is a poultry farm situated behind the house of the petitioner, which is an open place and is easily accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the fact that the recovery of 16 litres of country made liquor from a poultry farm situated behind the house of the petitioner, which is an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Majhauliya P.S. Case No.

Patna High Court CR. MISC. No.58907 of 2025(2) dt.23-09-2025 3/3 478 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T