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2025 DAILYLAW 62382 (PAT)

Surji Devi @ Surji v. The State of Bihar

CR. MISC./52387/2025 · 2025-08-07

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52387 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Surji Devi @ Surji Wife of Anil Prasad R/O village - Hanumangadhi, Sareya Ward No.- 6, P.S.- Gopalganj (Nagar), District - Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saurabh Kumar, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Gopalganj P.S. Case No. 306 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 19.2 liters of illicit liquor out of which four liters country- made liquor was recovered from the possession of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The Patna High Court CR. MISC. No.52387 of 2025(2) dt.07-08-2025 2/3 petitioner has no concern with the seized liquor. There is a non- compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents of similar nature of offence and is languishing in judicial custody since 25.05.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalganj P.S. Case No. 306 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner. (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates Patna High Court CR. MISC. No.52387 of 2025(2) dt.07-08-2025 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. rishi/- (Rudra Prakash Mishra, J) U T