Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72959 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.
Sumitra Devi, female, aged about 45 years W/O Raju Bahadur R/O VillageBasroan, Sawaia Tanr, P.S- Rajauli, Distt.- Nawada. 2.
Rambilash Turiya, male, aged about 30 years S/O Lakhan Turiya R/O Village- Basroan, Sawaia Tanr, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivek Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Excise PS. Case No. 281 of 2025 dated 03-05-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3.The allegation is of the recovery of 21 litres of foreign liquor from Hero HF Deluxe motorcycle bearing Registration No. JH-12L-7992 which belongs to petitioner no.1 and 21 litres of foreign liquor from the Glamour motorcycle bearing Registration No. JH-11AD-8951 which belongs to petitioner no.2.
Patna High Court CR. MISC. No.72959 of 2025(2) dt.16-10-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is emphatically submitted that petitioner no.1 is a respectable lady and the owner of the vehicle bearing Registration No. JH-12L-7992. It is next submitted that she had handed over her motorcycle to co-accused Rajkumar, who is the devar (younger brother-in-law) of petitioner no.1, for the purpose of bringing medicines who was apprehended at the spot. It is further submitted that petitioner no.2 is the owner of the Glamour motorcycle bearing Registration No. JH-11AD8951, which was being driven by his friend, co-accused Shakti Kumar, who was also apprehended at the spot. The petitioners had no knowledge about the illicit liquor being carried on the motorcycles. Lastly, it is submitted that the petitioners have no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.72959 of 2025(2) dt.16-10-2025 3/3 learned Exclusive Special Excise Court No.II, Nawada, in Excise PS. Case No. 281 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U