Shiv Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83017 of 2025 Arising Out of PS. Case No.-474 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Shiv Devi W/O Ravindra Prasad R/O Village- Sirisiya Mushari Tola Police Station- Bairiya District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Akanksha Rani, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bairiya PS. Case No. 474 of 2025 dated 12-10-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 7 litres of countrymade liquor from Sirisiya Mushahri Tola.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession or from the house of the petitioner; rather, the alleged illicit liquor was recovered from Sirisiya Mushahri Tola. In fact, the place of occurrence from where the alleged illicit liquor was recovered

Patna High Court CR. MISC. No.83017 of 2025(2) dt.10-12-2025 2/2 does not belong to the petitioner. The petitioner is neither the owner of the said place nor she was present at the time of the alleged recovery. From perusal of the seizure list, it would appear that nowhere it is mentioned that the recovery was made from the house of the petitioner and the seizure list itself falsifies the case of the prosecution. Lastly, it is submitted that the petitioner has 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 petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Bettiah, West Champaran, in Bairiya PS. Case No. 474 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