Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69242 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Rekha Devi W/o Vinod Sahni, Resident of Village- Mahisautha, P.S.- Bokhra, Dist- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 5 litre country made liquor alongwith 200-300 litre mahua ghol from a bathroom which is situated outside the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery has been made from a bathroom situated outside the house of petitioner which does not belong to the petitioner, rather it was surrounded with fence where anyone can reach easily. Learned counsel submits that no incriminating article has been recovered from

Patna High Court CR. MISC. No.69242 of 2025(2) dt.13-10-2025 2/2 the conscious possession of petitioner. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is a lady, having got 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 Court concerned, Sitamarhi in connection with Bokhra P.S. Case No.110 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