Nutan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3740 of 2025 Arising Out of PS. Case No.-172 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Nutan Devi, Wife of Vijay Mandal, Resident of Village Kaswa Kherhi, Police Station- Shahkund, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard Mr. Dr. Manoj Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar, learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in his petition during course of the day.

3.The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Jagdishpur (By-pass) P.S. Case No. 172 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, there is alleged recovery of total 669.6 liters of foreign liquor from the Pick-up van. Petitioner is the owner of the vehicle.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.3740 of 2025(3) dt.21-02-2025 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is a lady and she has falsely been implicated in this case. She has given the Pick-up van to driver and she is unaware of the alleged liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

6. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Jagdishpur (By-pass) P.S. Case No. 172 of 2023, she will be enlarged on bail 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 IX, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T