Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71124 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Sangita Devi W/O S.P. Rai @ S.P. Yadav R/O Village- Matukpur, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Advocate Mr. Shivam Kumar, Advocate Ms. Saheeba Naz, Advocate Mr. Sonu Kumar Yadav, Advocate Ms. Priya Kumari, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Barhara P.S. Case no.117 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, seeing the police personnel the accused persons who were carrying liquor on the motorcycle managed to escape. The local Chaukidar identified the driver of the vehicle on which the liquor was placed in the sack to be one Manoj Ray. A total of 120 litres of country liquor was recovered and the F.I.R. registered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.71124 of 2025(2) dt.15-10-2025 2/3 petitioner, who is a lady, has been falsely implicated in the case only for the reason that she happens to be the registered owner of the vehicle in question from which allegedly the seizure of liquor is said to have taken place and which was being driven by her brother-in-law (devar) namely Manoj Ray. No incriminating article has been recovered from the petitioner's possession and she has no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the driver of the vehicle from which the seizure was made having been identified as Manoj Ray, the petitioner being nowhere near the same, the cause of false implication of this petitioner being that she happens to be the registered owner of vehicle and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barhara P.S. Case no.117 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71124 of 2025(2) dt.15-10-2025 3/3 satisfaction of the learned Exclusive Special Excise Judge-I, Bhojpur at Ara.
(Partha Sarthy, J) avinash/- U T