Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68920 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- CHACKMEHSI District- Samastipur ====================================================== Radha Devi, aged about 58 years, Female, Wife of Rajnarayan Mahto @ Raju Mahto Resident of Village - Shrinathparan, P.S. - Chakmehsi, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Chakmehsi PS. Case No. 138 of 2025 dated 31-08-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3.The allegation is of recovery of 8.07 litres of foreign liquor from the dicky of a scooty bearing Chassis No. MD626AK48R1B32004, Engine No. BK4BR1228919.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is also submitted that the seized scooty was used by the petitioner's husband. The petitioner is neither involved in

Patna High Court CR. MISC. No.68920 of 2025(2) dt.08-10-2025 2/2 the trade of illicit liquor nor she has got any concern with the seized foreign liquor. The petitioner does not even ride the said scooty and even on the alleged date of occurrence, the husband of the petitioner was riding the said scooty. The petitioner has been made an accused merely on account of being the owner of the said vehicle. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-1 Samastipur, in Chakmehsi PS. Case No. 138 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T