Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65481 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- KEWATI District- Darbhanga ====================================================== Kalawati Devi W/o Jitendra Paswan R/o Village- Gosaitol Samaila, P.S.- Keoti, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Keoti P.S. Case No. 126/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, the informant received secret information that one woman is selling illicit liquor. Thereafter, the informant alongwith police personal reached at the place of occurrence and recovered 10 liters country made chulai liquor near the pond. Local people and spy disclosed the name of the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65481 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner bears one criminal antecedent in which she is on bail. Name of the petitioner has been transpired in this case on the basis of secret information and the source of secret information has not been divulged in the FIR, which questions the authenticity of the FIR and the petitioner cannot be held liable for the alleged recovery. The place of recovery is open place, which is accessible to all and the petitioner cannot be held liable for the alleged recovery. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor.

The petitioner is not in any way connected with the alleged occurrence. There is no compliance of Sections 103(2) and 103(8) of the B.N.S. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, petitioner being a lady, argument advanced on behalf of

Patna High Court CR. MISC. No.65481 of 2025(2) dt.24-09-2025 3/3 both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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-1st Excise Act, Darbhanga in connection with Keoti P.S. Case No. 126/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T