Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61368 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Sabita Devi W/o Lal Babu Paswan Resident of village -Lakhaura, Mohara Tola, (Bichala Tola), P.S.- Lakhaura, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Myank Dubey, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Myank Dubey, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Lakhaura P.S. Case No. 105 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 17.04.2025 by the informant, Ankit Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the house of Lal Babu Paswan was raided and there is recovery/seizure of 04 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that only because she is wife of Lal Babu paswan, got implicated and has no criminal antecedent.

5. Learned APP opposes the prayer.

Patna High Court CR. MISC. No.61368 of 2025(2) dt.23-09-2025 2/3

6. Considering the fact that the petitioner is lady, has no criminal antecedent, this Court is inclined to extend her privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of her arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Lakhaura P.S. Case No. 105 of 2025 to the satisfaction of learned Exclusive Special Excise Court No.01, East Champaran at Motihari subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make herself available to the police as and when required; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.61368 of 2025(2) dt.23-09-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Ravi/- U T