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2025 DAILYLAW 47883 (PAT)

Shyampari Devi @ Shyam Kumari v. The State of Bihar

CR. MISC./40288/2025 · 2025-08-30

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40288 of 2025 Arising Out of PS. Case No.-387 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== 1. Shyampari Devi @ Shyam Kumari W/o Jogindra Manjhi @ Sabimdra Manjhi Resident of Village- Chinhuta, P.S.- Ranitalab, District- Patna 2. Gudiya Devi @ Gudiya Kumari W/o Shailesh Manjhi Resident of Village- Chinhuta, P.S.- Ranitalab, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 30-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, there is recovery of 13 litres of illicit liquor kept in three gallons from Chinhuta Choti Nahar near banyan tree. Allegation against these petitioners is that after seeing the police, they thrown the gallons in the canal and managed to flee away from the spot identified by the local Chaukidar. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this Patna High Court CR. MISC. No.40288 of 2025(3) dt.30-08-2025 2/2 case only on the disclosure made by the local chaukidar due to ulterior motive. Further submission is that the alleged recovery has been made from an open place easily accessible to one and all. Petitioners were not present on the spot. Petitioners have no concern with the seized illicit liquor or place of occurrence. Petitioners are ladies having no criminal antecedent and they undertake to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna in connection with Ranitalab P.S. Case No. 387 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. utkarsh/- (Sunil Dutta Mishra, J) U T