IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23623 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Asha Kumari W/o Anarjeet Mahto @ Amarjit Mahto @ Amarjeet Mahto R/o Mohalla- Jaijivan Nagar, Chitkohra, Ward No. 9, P.S.- Sachiwalaya, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 05-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending her arrest in connection with Sachiwalaya P.S. Case No. 187 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, 17 litre country made liquor was recovered from E-rickshaw in question. Further, 17.100 litre country made liquor was also recovered from two carts (thela). It is alleged that one phone pay scanner was also recovered from the place of occurrence and when the same was checked, it was shown in the name of “Asha Hotel”. 4. Learned counsel for the petitioner orally submits Patna High Court CR. MISC. No.23623 of 2025(2) dt.05-05-2025 2/3 that petitioner is not named in the FIR and her name has been surfaced in the present case as the owner of the scanner and when scanner was scanned, name of the Asha Hotel was found in the said scanner. Petitioner has no concern with the alleged hotel. Petitioner is a poor lady and she used to cook meal under the bridge on the same cart (thela) to earn her livelihood. Petitioner is innocent and has committed no offence as alleged in the FIR and she has falsely been implicated in this case. Petitioner bears no criminal antecedent. She was not found at the place of occurrence. Petitioner has nothing to do with the alleged occurrence. No incriminating article has been recovered from her conscious possession. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 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, petitioner being a lady having no 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 Patna High Court CR. MISC. No.23623 of 2025(2) dt.05-05-2025 3/3 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 Special Judge Excise- II, Patna in connection with Sachiwalaya P.S. Case No. 187 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T