Patna High CourtCR. MISC./87472/2025allowed

Gayitri Devi @ Gaytri Devi v. The State Of Bihar

2026-01-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87472 of 2025 In CRIMINAL MISCELLANEOUS No.7901 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== Gayitri Devi @ Gaytri Devi W/O Nandu Yadav @ Nandu Dev Yadav R/O Vinod Nagar, Hirapur, P.S- Dhanbad, Distt.- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Advocate Ms. Neha Kumari Giri, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2026 Heard learned counsel for the parties.

2. The instant application has been filed praying for the modification of the order dated 31.8.2020 passed in Cr. Misc. no.7901 of 2020 whereby while granting bail to the petitioner in connection with Darihat P.S. Case no.66 of 2019 registered under section 30 (a) of the Bihar Prohibition & Excise Act, 2016, the petitioner was directed to surrender in the learned Court below within a period of eight weeks.

3. It is submitted by learned counsel for the petitioner that as explained in the petition, the petitioner who happens to be a lady could not surrender within the time fixed by this Court and as such the instant application for modification. Even on merits it is submitted that the petitioner was not arrested on the spot when the alleged seizure of the liquor took place and has been falsely

Patna High Court CR. MISC. No.87472 of 2025(3) dt.16-01-2026 2/2 implicated in the case only for the reason that she happened to be a registered owner of the vehicle in question. Learned counsel finally submits that as directed by this Court, cost of Rs. 5,000/- has been deposited with the Patna High Court Legal Services Committee vide receipt no.2882 dated 9.1.2026.

4. The application is opposed by learned A.P.P. for the State.

5. Having heard learned counsel for the parties and having perused the contents of the petition, the Court is of the opinion that the petitioner has made out a case for modification of the order dated 31.8.2020.

6. The order dated 31.8.2020 passed in Cr. Misc. no. 7901 of 2020 is modified to the extent that the period directing the petitioner to surrender in the learned Court below as stated therein is extended by a further period of four weeks from today. The remaining part of the order dated 31.8.2020 shall remain unchanged.

7. The application stands allowed to the above extent. (Partha Sarthy, J) Shiv/- U T