Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70814 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Mina Devi W/o Bulet Nat Resident of village- Bhagwanpur, PS- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Prasad Gupta For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Baikunthpur P.S. Case No. 58/2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, on the basis of secret information 02 liters country made chulai liquor was recovered from the plastic box which was kept near the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Name of the petitioner has been transpired in this case on the basis of secret information and the source of secret

Patna High Court CR. MISC. No.70814 of 2025(2) dt.14-10-2025 2/3 information has not been divulged in the FIR, which questions the authenticity of the FIR. He further submits that place of recovery is open place which is accessible to all and the petitioner cannot be held liable for the alleged recovery. The petitioner being a lady having no antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not in any way connected with the alleged occurrence. Seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, petitioner being a lady having no antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the

Patna High Court CR. MISC. No.70814 of 2025(2) dt.14-10-2025 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-XIII, cum- Special Excise Court No.1, Gopalganj in connection with Baikunthpur P.S. Case No. 58/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T