Patna High CourtCR. MISC./65271/2025allowed

Babita Devi v. The State Of Bihar

2025-09-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65271 of 2025 Arising Out of PS. Case No.-217 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Babita Devi W/o Ram Babu Sahani R/o Village- Sothgawn, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that the petitioner along with others have threw 336.60 liters of Nepali country made liquor and some country made foreign liquor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. Learned counsel has further stated that the petitioner has been implicated in this case due to suspicion. Learned counsel has also stated that there is no independent witness of the seizure

Patna High Court CR. MISC. No.65271 of 2025(2) dt.23-09-2025 2/2 list. The petitioner is a lady having clean antecedent and is in judicial custody since 01.08.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with G.R. No. 1021 of 2025 arising out of Harlakhi P.S. Case No. 217 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani.

(Ashok Kumar Pandey, J) durgesh/- U T