Shri Pati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2363 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Shri Pati Devi S/O Late Mahabir Mahato R/O Village - Dhangar Toli, Police Station- Ram Nagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Ramnagar P.S. Case no.452 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that the petitioner is involved in the business of liquor, the police party conducted raid and 18 liters of country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2363 of 2025(3) dt.30-04-2025 2/3 petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has two more criminal antecedents of the same nature.

6. Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ramnagar P.S. Case no.452 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha at West Champaran, subject to the condition laid down under Section 438(2) of the

Patna High Court CR. MISC. No.2363 of 2025(3) dt.30-04-2025 3/3 Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T