Saroj Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66973 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Saroj Devi Wife of Sandeep Ram, Resident of Village - Madhubani Aashram, P.S.- Chiraiya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Chiraiya P.S. Case No.252 of 2025 instituted under Sections 30(a)/ 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 94.8 litre illicit Nepali liquor from the backside of the house of co-accused Ravindra Paswan who was arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of confessional statement made by the coaccused due to previous enmity. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner

Patna High Court CR. MISC. No.66973 of 2025(2) dt.19-09-2025 2/2 has no concern with the alleged seized liquor as the same has been recovered from an open place which is accessible to public at large and petitioner is not involved in the trade and business of illicit liquor. He further submits that petitioner is a lady, having clean antecedent and she undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Chiraiya P.S. Case No.252 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T