Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90145 of 2025 Arising Out of PS. Case No.-431 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Babita Devi W/o Maina Manjhi R/o Village - Bahadurpur Mushari, P.S - Bahadurpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2026

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

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 147, 148, 341, 323, 324, 504, 353, 307 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner, at the outset, seeks permission to rectify the pleading made at Para-1 of the anticipatory bail application. It is submitted that inadvertently Section 804 instead of 504 of I.P.C. has been typed thus seeks permission to rectify the same.

4. Permission is accorded.

5. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman

Patna High Court CR. MISC. No.90145 of 2025(2) dt.08-01-2026 2/3 and allegation is of recovery of 42 litres of mahua from house of Ramkali Devi.

6. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and even alleged recovery is from a place, which does not belong to the petitioner and petitioner has no concern or relation with Ramkali Devi and she came to be implicated based on an allegation that petitioner along with other named accused persons created ruckus at the place of occurrence. It is also submitted that since husband of the petitioner is on an inimical term with the Chaukidar, as such, he implicated the petitioner with a view to coerce her husband into submission.

7. Learned A.P.P. opposes the anticipatory bail application.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on her furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where

Patna High Court CR. MISC. No.90145 of 2025(2) dt.08-01-2026 3/3 the case is pending/successor Court in connection with Bahadurpur P. S. Case No.431 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T