Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65177 of 2025 Arising Out of PS. Case No.-465 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sunita Devi, W/o Late Madan Chaudhary, Resident of Village- Govindpur, Ward No. 1, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-09-2025 Heard Mr. Karandeep Kumar, learned counsel for the Petitioner and Mr. Suresh Prasad Singh, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Turkauliya P.S. Case No. 465 of 2024 dated 30.10.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act (hereinafter referred as 'Excise Act').

3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to the recovery of 20 litres of country-made liquor from an open place which is said to be situated behind the house of this petitioner and the prosecution's allegation with regard to showing the petitioner's involvement in the alleged offence is based solely on the disclosure made by the police chowkidars, except this, there is

Patna High Court CR. MISC. No.65177 of 2025(2) dt.24-09-2025 2/2 no material to show the petitioner's involvement in the commission of the alleged offence under which the FIR has been registered and the alleged offence does not attract even prima facie against the petitioner, hence, his prayer for anticipatory bail is not hit by the provisions of Section 76(2) of the Excise Act.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. In the facts and circumstances of this case, as well as considering the submissions as stated above, in my opinion, the petitioner deserves the relief of anticipatory bail. Accordingly, let the petitioner named-above, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Turkauliya P.S. Case No. 465 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Shailendra Singh, J) maynaz/- U T