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Patna High CourtCR. MISC./69336/2025bail granted

Manjar Devi v. The State Of Bihar

2025-10-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69336 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- HULASGANJ District- Jehanabad ====================================================== Manjar Devi W/O Mantu Manjhi R/O Village- Raghunathpur Tola, P.S.- Hulasganj, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-10-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Hulashganj P.S. Case No. 169 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition & Excise Amendment Act, 2018.

3. As per the prosecution story, the informant alleged that the Police on secret information raided the house of Runa Kumari and there is recovery/seizure of 22 liter country made liquor. Later, the house of the petitioner was raided and again the recovery is of 15 liter country made liquor. This led to the FIR.

4. Learned Counsel for the petitioner submits that so far as her case is concerned, it is from the house and not from

Patna High Court CR. MISC. No.69336 of 2025(2) dt.09-10-2025 2/3 the conscious possession, it is open to everyone, only because the Police wanted to implicate, the FIR. The last submission is that she do not have criminal antecedent.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that recovery is from her house.

6. Taking into account the aforesaid facts as also that the petitioner is a lady having no criminal antecedent, recovery is from the house and not from the conscious possession, in that background, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Special Excise Judge-1, Jehanabad in connection with Hulashganj P.S. Case No. 169 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show her bona fide;

Patna High Court CR. MISC. No.69336 of 2025(2) dt.09-10-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T