Dukhni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61062 of 2025 Arising Out of PS. Case No.-34 Year-2023 Thana- PANJWARA District- Banka ====================================================== Dukhni Devi W/o Brahmdev Singh @ Brahamdev Singh R/o Village - Sripur Maniyamore, P.S - Naugachia, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivanand Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 157.560 litres of illicit liquor was recovered from the car bearing Reg. No. BR01-N3313 of which petitioner is registered owner. Co-accused Shivam Kumar apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the owner of the seized car. Further submission is that on the date of occurrence, petitioner had given her car to co-accused Shivam Kumar on the pretext of going to Varanasi for treatment and hospitalization of his uncle, but without knowledge and consent of the petitioner, her vehicle was being used for transportation of illicit liquor. Petitioner has no

Patna High Court CR. MISC. No.61062 of 2025(2) dt.03-09-2025 2/2 concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. It is submitted that co-accused Shivam Kumar has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 10.05.2023 passed in Cr. Misc. No. 22139 of 2023. Petitioner is a lady having clean antecedent and there is no chance of her absconding or tampering with the evidence. Petitioner is in custody since 21.07.2025 and she undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Court No. 2, Banka in connection with Special Case No. 53 of 2025, arising out of Panjwara P.S. Case No.34 of 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T