Reshmi Devi @ Reshami Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74032 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Reshmi Devi @ Reshami Devi W/o Satya Rai R/o Village- Kans Diar, P.S.- Doriganj, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shweta Anand, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman.
4. Allegation is of recovery of 50 litres of liquor from two white colour plastic bags tied with a motorcycle.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated based on the fact that she is owner of the seized vehicle. It is next submitted that no prudent person would use her own vehicle for committing an occurrence
Patna High Court CR. MISC. No.74032 of 2025(2) dt.04-11-2025 2/3 and thus would create evidence against herself and hence would get implicated. It is also submitted that petitioner was completely unaware that her friend would misuse the vehicle in the manner as alleged.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner 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 provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Awatarnagar P.S. Case No. 209 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed her antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.74032 of 2025(2) dt.04-11-2025 3/3 confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T