Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64463 of 2025 Arising Out of PS. Case No.-467 Year-2020 Thana- TEKARI District- Gaya ====================================================== Anita Devi, W/o Baban Chaudhary, Resident of village- Fatehpur, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-09-2025 Heard Mr. Yogesh Kumar, learned Advocate for the petitioner and Mr. Parmanand Kumar, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Tekari P.S. Case No. 467 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The police in course of patrolling, intercepted a motorcycle, bearing registration no. BR02AP-2681, and tried to apprehend the persons, who were sitting on motorcycle, however, they succeeded in fleeing away after leaving the motorcycle. On search, total 20 litres of illicit liquor was recovered.

4. Learned Advocate for the petitioner submitted that the petitioner is a woman and only on account of she being the

Patna High Court CR. MISC. No.64463 of 2025(2) dt.24-09-2025 2/3 registered owner of the motorcycle, in question, her name has been implicated in this case. The petitioner was neither found present at the place of occurrence nor during the course of investigation any material has been collected suggesting her complicity. There are various other infirmities in search and seizure. In fact, on the alleged date of occurrence co-accused Shailesh Choudhary, who happens to be the brother-in-law of the petitioner, had taken away the motorcycle and she was not aware that the vehicle, in question, was used for illicit purpose. The petitioner bears fair antecedent and undertakes that she will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner was evading her arrest for the last five years.

6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, which, prima facie, do not attract the rigors provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, coupled with the fact that the motorcycle, in question, was taken away by the brother-in-law of the petitioner, as also the fact that the petitioner is a woman, having fair antecedent, let the petitioner, named above, in the event of her

Patna High Court CR. MISC. No.64463 of 2025(2) dt.24-09-2025 3/3 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.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-2, Gaya in connection with Tekari P.S. Case No. 467 of 2020, 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