IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31459 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Babita Devi W/o Amar Nath Rai R/o Vill.- Talimapur, P.S.- Jamo Bazar, Distt.- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-05-2025 Heard the parties. 2. The petitioner apprehends her arrest in connection with Jamo Bazar P.S. Case No. 442 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation against the petitioner is of indulged in selling of illicit wine. The police conducted a raid and recovered 30 litres of country made mahua chulai liquor from the thatched house of the petitioner. 4. Learned Advocate for the petitioner contended that the petitioner has no concern with the thatched house from where recovery has been made. In fact, the house, in question, was an abandoned house and not in use. The petitioner cannot be said to be accountable for any recovery, which is made from Patna High Court CR. MISC. No.31459 of 2025(2) dt.16-05-2025 2/3 a thatched house, which was kept abandoned and situated outside the premises of the petitioner. The petitioner is a lady having fair antecedent and only on suspicion her name has been implicated. There is no compliance of Sections 103 and 105 of BNSS. The witnesses are non else but the police personnel and, as such, it smacks malafide. 5. On the other hand, learned Advocate for the State vehemently opposes the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the recovery has been made from a thatched house, coupled with the fact that the petitioner is a lady having fair antecedent and there is no substantive material which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the petitioner abovenamed be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Court No. 1, Siwan in connection with Jamo Bazar P.S. Case No. 442 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Patna High Court CR. MISC. No.31459 of 2025(2) dt.16-05-2025 3/3 Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. Anjani/- (Harish Kumar, J) U T