IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29797 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Babita Devi W/o Mahabir Chaudhari R/o Village- Chaprahat, P.S.- Nemdarganj, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akhilesh Kumar, Advocate For the Opposite Party/s : Mr.Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending her arrest in connection with Excise P.S. Case No. 138 of 2025 registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, 35 litre chulai liquor was recovered from the house of co-accused Gulabi Devi. Further, 30 litre chulai liquor was also recovered from the cowshed of the petitioner. 4. Learned counsel for the petitioner submits that the place of recovery is cowshed and the same is joint house property. He further submits that cowshed is an open place which is accessible to all and petitioner cannot be held liable for Patna High Court CR. MISC. No.29797 of 2025(2) dt.14-05-2025 2/3 the alleged recovery. He further submits that petitioner being a lady has falsely been implicated in the present case. Petitioner is innocent and has committed no offence as alleged in the FIR. She was not found at the place of occurrence. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, petitioner being a lady having no criminal antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court – 2, Nawada in connection with Excise P.S. Case No. 138 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS. Patna High Court CR. MISC. No.29797 of 2025(2) dt.14-05-2025 3/3 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T