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2025 DAILYLAW 59577 (PAT)

RINKU DEVI v. The State of Bihar

/46602/2025 · 2025-07-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46602 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== RINKU DEVI W/o SANJAY RAY R/o vill - Nankar Jagauliya, P.S.- Madhuban, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar Tiwari For the Opposite Party/s : Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends her arrest in a case registered for the offence under Section 317(5) of the BNS and Section 30(a) of Bihar Prohibition and Excise Act. 3. As per F.I.R., 17.280 liters of illicit liquor was recovered from seized Toto. 4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the conscious possession of petitioner and has been implicated in this case only on the basis of confessional statement of co-accused Chotelal Rai who was arrested on the spot. Petitioner is neither owner nor driver of the seized Toto. Petitioner has got one criminal antecedent of similar nature. 5. Learned A.P.P. for the State has opposed the bail Patna High Court CR. MISC. No.46602 of 2025(2) dt.17-07-2025 2/2 petition. 6. Considering the aforesaid facts & circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise II, Muzaffarpur, in connection with Motipur P.S. Case No. 74/2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023. Saif/- (Prabhat Kumar Singh, J) U T