Bebi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64217 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- Nagara District- Saran ====================================================== Bebi Devi S/O Late Laddu Nut R/o village - Nagar Tola, P.S. - Nagar , District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nagar P.S. Case No. 71 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 09.05.2025.

3. As per the prosecution story, the informant alleged that on secret information, the house of Bebi Devi was raided and from the bushes in the front of her house, 23 liter country made liquor recovered from the bag. This led to the FIR.

4. Learned Counsel for the petitioner submits that she being the lady, gets implicated in every case by the Police, nothing has been recovered from her conscious possession rather from the bushes.

Patna High Court CR. MISC. No.64217 of 2025(2) dt.24-09-2025 2/3

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that she has criminal antecedent.

6. Considering the submissions of the parties as also that the recovery is in front of the house of the petitioner from the bushes, an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 03, Saran at Chapra in connection with Nagar P.S. Case No. 71 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show 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

Patna High Court CR. MISC. No.64217 of 2025(2) dt.24-09-2025 3/3 bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or 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;

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