Taimul Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71309 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- Haraiya District- East Champaran ====================================================== Taimul Nesha Wife of Hadish Miya Resident of Village - Tumariya Tola, Ward No.- 03, P.S.- Haraiya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Adarsh Ranjan, Advocate.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is total recovery of 7.5 litre illicit Nepali liquor, out of which 4.5 litre illicit Nepali liquor was recovered from the possession of petitioner and she alongwith co-accused Manju Devi were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was simply a passerby and she was apprehended merely on the basis of suspicion. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He

Patna High Court CR. MISC. No.71309 of 2025(2) dt.08-10-2025 2/2 further submits that petitioner has no concern either with the alleged seized liquor or with the co-accused person. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law as there is no independent witness to the seizure list. He further submits that petitioner is in custody since 13.08.2025 and she has got clean antecedent. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and she undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on 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 Court concerned in connection with Haraiya P.S. Case No.100 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T