Patna High CourtCR. MISC./77067/2025bail granted

Usha Devi v. The State Of Bihar

2025-11-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77067 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- Excise Mashrakh District- Saran ====================================================== Usha Devi W/O Shailesh Rai Resident of Village- Bavan Bichala Tola, Police Station- Gaura, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mashrakh Excise P.S. Case No. 101 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 90 liters liquor was recovered from straw house and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.77067 of 2025(2) dt.15-11-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged recovery has been made from straw house and the same does not belong to the petitioner. It is further submitted that the petitioner has been arrested in this case only on the basis of suspicion. The petitioner is in custody since 10.09.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mashrakh Excise P.S. Case No. 101 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T