Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70882 of 2025 Arising Out of PS. Case No.-283 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Priyanka Devi W/O Shambhu Paswan R/O- Bari Pahari near Shiv Mandir, P.S.- Agamkuan, Distt.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== 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 Phulwarisharif (Janipur) P.S. Case No. 283 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, 30 litre illicit country made liquor was recovered from tempo in question and two persons including the driver of said tempo was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and she has falsely been implicated in this case. Petitioner is not named in the FIR and during course of

Patna High Court CR. MISC. No.70882 of 2025(2) dt.14-10-2025 2/3 investigation, her name has been surfaced in this case as owner of the tempo in question, as orally submitted by the learned counsel for the petitioner. Petitioner being lady having no criminal antecedent and she had given the said tempo to the driver who misused the tempo in carrying the illicit liquor for which petitioner cannot be held responsible. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. Petitioner is not in any way connected with the alleged occurrence. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is owner of the tempo in question from which 30 litre illicit country made liquor was recovered and hence, petitioner cannot escape from the allegation of said recovery.

6. Considering the facts and circumstances of the case, petitioner being lady having no criminal antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner

Patna High Court CR. MISC. No.70882 of 2025(2) dt.14-10-2025 3/3 above-named, in the event of her arrest or surrender before the 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 Special Judge, Bihar Prohibition and Excise-1, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 283 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

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