Ghughri Devi @ Gugri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86005 of 2025 Arising Out of PS. Case No.-517 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Ghughri Devi @ Gugri Devi Wife of Surendra Patel R/o Village - Mirzapur, P.S. - Bettiah(Muffasil), District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bettiah (Muffasil) P.S.Case No.517 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, total 437.400 ltrs. illicit liquor was recovered from godown belonging to the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a lady and she has not committed any offence. She has been falsely implicated in the present case merely on the basis of suspicion because alleged recovery of liquor has been made from the godown of the petitioner, which she had rented out. He submitted that the petitioner is innocent and seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.86005 of 2025(2) dt.18-12-2025 2/3 the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions of the parties, as well as, considering the fact that total 437.400 ltrs. illicit liquor has been recovered from godown belonging to the petitioner, which she claims that she had rented out. The liquor belongs to co-accused Alfaque and his associates. Recovery has not been made from the conscious possession of the petitioner. I am of the opinion that petitioner has prima facie made out a case to be released on bail.
7. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S.Case No.517 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.
8. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will
Patna High Court CR. MISC. No.86005 of 2025(2) dt.18-12-2025 3/3 automatically lose its force.
9. The Superintendent of Police, West Champaran is directed to submit a report before the Director General of Police (Bihar) and the Chief Secretary, Government of Bihar as to why he is not able to control the trade of illicit liquor within his jurisdiction.
(Purnendu Singh, J) chn/- U T