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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3178 of 2025 Arising Out of PS. Case No.-699 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Babita Devi W/O Niraj Das Resident of Village- Bhadeja, P.s.- Muffasil, District - Gaya ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Nagendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 699 of 2023 registered for the offences punishable under Sections 37, 30 (a) and 47 of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, there was alleged recovery of 60 litre country made chulai liquor from the scooty in question and apprehended co-accused, Rajendra Kumar, disclosed the name of petitioner who is said to have indulged in the trade of illicit liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Learned counsel submits that petitioner bears no
Patna High Court CR. MISC. No.3178 of 2025(2) dt.24-01-2025 2/3 criminal antecedent. He further submits that petitioner has sold her scooty in question to the co-accused, Rajendra Chaudhary, much earlier from the date of occurrence for which ikaranama has been annexed as anneuxre-2 of the bail petition. He further submits that petitioner being a lady has nothing to do with the alleged occurrence. Petitioner has falsely been implicated in the case just because she is registered owner of the scooty in question. He further submits that petitioner was not present at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, 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 their arrest or surrender before the learned trial court within a period of six weeks from 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 Exclusive Special Excise Court No.1, Gaya in connection with Rampur P.S. Case
Patna High Court CR. MISC. No.3178 of 2025(2) dt.24-01-2025 3/3 No. 699 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
vashudha/- (Alok Kumar Pandey, J) U T