Kamala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1218 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- Lokha District- Supaul ====================================================== Kamala Devi (Female), aged about 55 years, Wife of Jago Yadav @ Jageshwar Yadav, resident of Village - Kamalpur, P.S.- Ghelarh, DistrictMadhepura (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Jitendra Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Pushpa Sinha.1, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Laukaha P.S. Case No. 52 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 58 litres of countrymade liquor from a Pulsar motorcycle bearing Registration No. BR 43 Y 9263.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no
Patna High Court CR. MISC. No.1218 of 2025(2) dt.05-02-2025 2/3 concern with the seized liquor nor he is involved in trade of liquor in any manner. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.
6. Considering the nature of allegation made in the FIR, as well as, petitioner has clean antecedent, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Supaul, in connection with Laukaha P.S. Case No. 52 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify
Patna High Court CR. MISC. No.1218 of 2025(2) dt.05-02-2025 3/3 the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T