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2025 DAILYLAW 90136 (PAT)

Rekha Devi v. The State of Bihar

CR. MISC./89681/2024 · 2025-01-27

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89681 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- Bahoranpur District- Bhojpur ====================================================== Rekha Devi W/O Anil Kamkar Resident of Village- Jainiya, P.S.- Bahoranpur, District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 27-01-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Bahoranpur PS case no. 71 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution story, as per the First Information report, is that on 01.10.2024 at about 10 am, upon secret information, when the informant along with police force reached at the zamania ganga ghat, they saw a woman fleeing away leaving the plastic sack. It is alleged that local chowkidar identified the woman as the petitioner herein. Upon search, 40 liters of illicit countrymade mahua was recovered from the sack and seizure list was prepared. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.89681 of 2024(2) dt.27-01-2025 2/2 petitioner has falsely been implicated in this case, however no local independent witness has identified her. He further submits that illicit liquor has been recovered from the ganga ghat which is an open space accessible to everyone. Petitioner is a lady having no criminal antecedent. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space and not from inside the house of the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6. This application is, accordingly, allowed. 7. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Bhojpur at Ara in connection with Bahoranpur PS case no. 71 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T