Uma Devi @ Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61972 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Uma Devi @ Anita Devi W/o Yogendra Mahto R/o- Ward No. 03, Bairo, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Supaul Police Station Case No. 02 of 2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution story, as per the First Information report, is that while informant, on patrolling duty received secret information that Yogendra Mahto and his wife, Uma Devi (petitioner) were selling illicit liquor and had kept it near their home. When police party arrived, they were attempted to flee, but Yogendra Mahto was apprehended while Uma Devi escaped. On search of their premises, total 15 liters of countrymade liquor were recovered from a plastic sack hidden in hay
Patna High Court CR. MISC. No.61972 of 2025(2) dt.24-09-2025 2/3 near their house.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He further submits that illicit liquor has been recovered from a heap of straw situated adjacent to the petitioner's residence which is an an open space, accessible to everyone. No incriminating article has been recovered from the conscious physical possession or premises of the petitioner. Petitioner is having no criminal antecedent.
5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that illicit liquor has been recovered from a heap of straw situated adjacent to the petitioner's house which is an open space, accessible to everyone and petitioner is having no criminal antecedent and is a lady, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge,
Patna High Court CR. MISC. No.61972 of 2025(2) dt.24-09-2025 3/3 Excise, Supaul, in connection with Supaul Police Station Case No. 02 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T