Rupa Devi @ Rupa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89447 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Rupa Devi @ Rupa Kumari W/O Parmod Kora Resident of Village- Kachhua, P.S.- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chanan PS Case No. 92 of 2023 dated 22-07-2023 instituted for the offence punishable under Sections 30(a) (b) & (c) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 80 litres countrymade Mahua liquor and 5000 litres Jawa Mahua, which was destroyed, from the forest area.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious or physical possession of the petitioner, rather, recovery has been made from the forest area. Only on the basis

Patna High Court CR. MISC. No.89447 of 2024(2) dt.10-01-2025 2/2 of suspicion, the petitioner has been made accused in this case. Further the similarly situated persons, namely Sunita Devi, Bhikhni Devi, Pramila Devi and Lali Devi have been granted anticipatory bail by this Court vide order dated 18-10-2023 passed in Cr. Misc. No. 64470 of 2023. Learned counsel further submits that the petitioner is lady having 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 Additional District & Sessions Judge-IV cum Special Excise Court-1, Lakhisarai, in Chanan PS Case No.92 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T