Patna High CourtCR. MISC./67059/2025bail granted

Nilu Devi v. The State Of Bihar

2025-10-08Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67059 of 2025 Arising Out of PS. Case No.-484 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Nilu Devi W/O Late Mohan Patel @ Late Mohan Bihari Patel R/O MohallaAyodhya Prasad Lane, Pandey Gali, Motijheel, ward no. 24, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Excise Police Station Case No. 484 of 2025, disclosing offences under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the police got secret information that one Rahul Kumar is selling illicit liquor from his house and upon such information, the informant along with the police conducted raid in the house and saw that a person standing near a car and seeing the police party, he tried to flee away but with the help of police, that person was arrested. After search of the car, 36.820 liters of foreign liquor was recovered

Patna High Court CR. MISC. No.67059 of 2025(2) dt.08-10-2025 2/3 and upon search of the house, 6.480 liters of foreign liquor has been recovered.

4. Learned counsel for the petitioner submits that the police got the information regarding petitioner's son Rahul Kumar who was arrested by the police and recovery of liquor was made from the car as well as house in question. The petitioner is a lady aged about 58 years and her son was responsible for keeping liquor and he was arrested by the police on the spot. From the seizure list, it does not appear that petitioner is the owner of the house. The petitioner is residing in the house along with her son and her husband has already died.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that son of the petitioner Rahul Kumar was arrested on the spot and the police got the information regarding the petitioner's son being involved in the trade of illicit liquor, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.67059 of 2025(2) dt.08-10-2025 3/3 each to the satisfaction of learned Exclusive Special Judge, Excise-II, Muzaffarpur, in connection with Excise Police Station Case No. 484 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T