Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70149 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- KORHA District- Katihar ====================================================== 1.

Anita Devi, W/o Late Prakash Mahaldar, R/o Village- Musapur Mahaldar Tola, Ward No. 2, P.S.- Korha, District- Katihar 2.

Pappu Kumar, S/o Yogendra Mahto @ Yogendra Mahaldar, R/o VillageMusapur Godihari Tola, Ward No.2, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that from the house of the petitioners, altogether 180 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has further been submitted that the placed from where recovery was made is not the house rather the Basa which is not

Patna High Court CR. MISC. No.70149 of 2025(2) dt.07-10-2025 2/2 having doors and windows rather it is an open place. It has also been submitted that nothing has been recovered from the possession of these petitioners. It has also been submitted that the seizure list will go to show that the witnesses are police personnel. They are having no criminal antecedent and they are in judicial custody since 21.07.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Katihar in connection with Korha P.S. Case No. 172 of 2025.

(Ashok Kumar Pandey, J) lata/- U T