Kushki Devi @ Kaushki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5923 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Kushki Devi @ Kaushki Devi Wife of Suresh Mukhiya Resident Of Village -Ward No. 08, Patori, PS- Bihara, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends her arrest in connection with Industrial PS Case No. 137 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 112.995 liters foreign liquor was recovered from car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.5923 of 2025(3) dt.29-08-2025 2/3 no concern with the alleged recovery of liquor. The name of the petitioner transpired in this case on the basis of owner of the vehicle in question, but in this regard, it is submitted that petitioner has sold the vehicle to one Ranjit Kumar Mukhiya. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 16-01-2025, passed in Cr. Misc. No. 79157 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Industrial PS Case No. 137 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.5923 of 2025(3) dt.29-08-2025 3/3 Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T