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Patna High CourtCR. MISC./88198/2025allowed

Punam Kumari @ Punam Devi v. The State Of Bihar

2025-12-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88198 of 2025 Arising Out of PS. Case No.-399 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Punam Kumari @ Punam Devi W/o Dinesh Chaudhary R/o VillageAadampur, P.S- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-12-2025 At the very outset, learned counsel for the petitioner is permitted to file a hard copy of the supplementary affidavit in Court.

2. The same is taken on record.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

4. The petitioner apprehends arrest in connection with Nardiganj PS. Case No. 399 of 2025 dated 01-11-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act,2022.

5. The allegation is of recovery of 5 liters of illicit country-made Mahua liquor from the house of the petitioner as per the seizure list. Subsequently, a supplementary affidavit has been filed on behalf of the petitioner, wherein it is stated that the house from which the alleged recovery was made does not

Patna High Court CR. MISC. No.88198 of 2025(2) dt.23-12-2025 2/2 belong to the petitioner.

6. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case. It is further contended that no incriminating article has been recovered either from the conscious possession of the petitioner or from her house. It is next submitted that no case under the Bihar Prohibition and Excise Act is made out against the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

7. Learned APP has opposed the prayer for bail.

8. 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 Exclusive Special Excise Act-II, Gaya, in Nardiganj PS. Case No. 399 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. (Khatim Reza, J) shyambihari/- U