Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3312 of 2025 Arising Out of PS. Case No.-72 Year-2018 Thana- PIPRA District- Patna ====================================================== Soni Devi W/o Late Babu Chand Manjhi Resident of Mohalla- Govindpur mushari, P.O. and P.S- Phulwarisharif, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheonandan Pandit, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Pipra Police Station Case No. 72 of 2018 (Spl. Case No. 7737 of 2018), disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution story, the allegation against the petitioner is that on 21.08.2018, the police during patrolling duty while checking the vehicles near Dehari More on S.H. 78 tried to stop a motorcycle and upon seeing the police personnel the driver of the motorcycle fled away leaving behind the vehicle. Upon search of the vehicle 20 liter country made liquor was recovered from it in a white gallon.
Patna High Court CR. MISC. No.3312 of 2025(2) dt.25-02-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case as the motorcycle was brought by a co-villager from the husband of the petitioner for some work. He further submits that petitioner is a lady and is the owner of the said vehicle but was not aware that illicit liquor was being carried on the vehicle. It has further been submitted that liquor has not been recovered from the conscious possession of the petitioner.
5. Having regard to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the petitioner is a lady, having clean antecedent and the alleged recovery has not been made from the conscious possession of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.3312 of 2025(2) dt.25-02-2025 3/3 each to the satisfaction of learned Special Judge, Excise, First, Araria (Bihar), in connection with Bairgachhi Police Station Case No. 84 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S., 2023. (Anil Kumar Sinha, J) aditya/- U