IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43363 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- BIND District- Nalanda ====================================================== Kiran Devi W/o Pramod Paswan R/o Village- Andauli, P.S.- Saksohra, District- Patna ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending her arrest in connection with Bind P.S. Case No. 40 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. As per prosecution case, 30 litre illicit country made liquor was recovered from the motorcycle in question and co-accused Pramod Paswan was apprehended on the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Learned counsel further submits that petitioner is not named in the FIR and during course of investigation, her name came into fore as owner of motorcycle in question. Learned Patna High Court CR. MISC. No.43363 of 2025(2) dt.16-07-2025 2/3 counsel further submits that petitioner is pardanasin lady and even she does not know how to drive motorcycle. Petitioner was not found at the place of occurrence rather co-accused Pramod Paswan was apprehended on the spot and just because said co- accused is husband of the present petitioner, she has been falsely implicated in this case. Petitioner has no criminal antecedent. No incriminating article has been recovered from possession of the petitioner. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is owner of the motorcycle in question from which 30 litre illicit country made liquor was recovered and hence, petitioner cannot escape from the liability of said recovery. 6. Considering the facts and circumstances of the case, petitioner is lady and does not have any 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 Patna High Court CR. MISC. No.43363 of 2025(2) dt.16-07-2025 3/3 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 District and Additional Sessions Judge-V-cum Special Judge, Excise, Biharsharif, Nalanda in connection with Bind P.S. Case No. 40 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T