Sharmia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84314 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Sharmia Devi Wife of Chandi Mahto @ Lalbabu Mahto R/V- Madanpur Bintoli, P.S.- Awtarnagar, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-12-2025 Heard learned counsel for the parties.

2. The petitioner is apprehending her arrest in connection with Awtarnagar P.S. Case No.202 of 2025, dated 01.08.2025, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, 40 liters of illicit liquor is said to have been recovered from a box kept outside the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in the instant case only on the basis of suspicion raised by local people. It is further submitted that the petitioner is in no way connected with the seized liquor. There is no recovery from the constructive possession of the petitioner, nor she is concerned with the place of recovery of the illicit liquor. Lastly, it is

Patna High Court CR. MISC. No.84314 of 2025(2) dt.17-12-2025 2/2 submitted that the petitioner has no criminal antecedents.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Court Excise Act-1, Saran at Chapra in connection with Awtar Nagar P.S. Case No.202 of 2025 subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) shikha/- U T