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Patna High CourtCR. MISC./64420/2025allowed

Meena Devi v. The State Of Bihar

2025-09-24Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64420 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== Meena Devi, W/O Ramawatar Manjhi, Resident of Village- Mahna, P.S.- Sikandra, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner apprehends her arrest in connection with Halsi P.S. Case No. 74 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The police in course of patrolling intercepted a person, who was riding on a motorcycle, bearing registration no. BR 46B 3865. In course of search, one bottle, containing 750 ML of Indian made foreign liquor, was recovered from the dickey of the motorcycle.

4. Learned Advocate for the petitioner submitted that the petitioner was neither present at the place of occurrence nor any incriminating material has been recovered from the whereabouts of the petitioner and only on account of petitioner

Patna High Court CR. MISC. No.64420 of 2025(2) dt.24-09-2025 2/3 being the registered owner of the vehicle, in question, her name has been implicated in this case. It is submitted that the petitioner is a lady and on the fateful day the motorcycle was taken away by co-accused Ashok Paswan, who is said to be the neighbour of the petitioner, however, she was not knowing this fact that her vehicle had ever been used for any illicit purpose. The petitioner is a woman, having fair antecedent and she undertakes that she will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposed the bail application.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the materials, which, prima facie, do not attract the rigors provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, as also the fact that the petitioner is a woman, having fair antecedent and her presence has not been disclosed at the place of occurrence, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.64420 of 2025(2) dt.24-09-2025 3/3 each to the satisfaction of learned District & Additional Sessions Judge-IV-cum- Special Excise Court-I, Lakhisarai in connection with Halsi P.S. Case No. 74 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T