Parbhawati Devi @ Prabhawati Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Parbhawati Devi @ Prabhawati Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within four weeks, release on bail bonds of Rs 10,000/- with two sureties of the like amount each before the learned Sessions Judge IV/Special Judge Excise, Gopalganj, subject to Section 438(2) Cr.P.C conditions and co-operation in investigation/trial.

Issue for consideration

Whether the petitioner, who apprehends arrest in Gopalpur P.S. Case No. 252 of 2024 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, should be granted the privilege of anticipatory bail.

Ratio / Principle

Considering the facts and circumstances and the petitioner's clean antecedents, the Court was inclined to grant the privilege of anticipatory bail to the petitioner.

Key takeaways

In the event of the petitioner's arrest or surrender within four weeks, she is to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge IV/Special Judge Excise, Gopalganj in Gopalpur P.S. Case No.252 of 2024.ratio¶19
The anticipatory bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C and a further condition that the petitioner shall co-operate in investigation/trial.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail granted to a woman petitioner who apprehended arrest in Gopalpur P.S. Case No. 252 of 2024, registered under Sections 30(a) of the Bihar Prohibition & Excise Act. Her name had transpired in the FIR because the motorcycle, from a gunny bag on which 44.4 liters of country made liquor was allegedly recovered, is registered in her name; counsel pointed out there was no independent witness to the seizure list and nothing was recovered from her conscious possession. Taking into account the facts and circumstances and her clean antecedents, the Court directed that in the event of arrest or surrender within four weeks she be released on bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge IV/Special Judge Excise, Gopalganj, subject to the conditions under Section 438(2) of the Cr.P.C and a further condition of co-operation in investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13160 of 2025

Arising Out of PS. Case No.-252 Year-2024 Thana- GOPALPUR District- Gopalganj

======================================================

Parbhawati Devi @ Prabhawati Devi Wife of Dinesh giri Resident of Bodhachhapar, P.S. - Kuchaikote, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Adv For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and the

State.

Petitioner apprehends her arrest in connection with Gopalpur P.S. Case No. 252 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

From perusal of the first information report as also the seizure list, it would appear that 44.4 liters of country made liquor was recovered from a gunny bag, which was kept on the motorcycle and accordingly, seizure list was prepared. Two accused persons Sandip Giri and Sandesh Kumar are said to have been apprehended on the spot along with the motorcycle.

It is submitted by the learned counsel for the petitioner that the name of the petitioner has transpired in this case as the

Patna High Court CR. MISC. No.13160 of 2025(2) dt.02-04-2025 2/2

motorcycle is registered in her name. He further submits that there is no independent witness in the seizure list and nothing has been recovered from the conscious possession of the petitioner.

Considering the facts and circumstances and also considering that the petitioner has clean antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of her arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Sessions Judge IV/Special Judge Excise, Gopalganj in Gopalpur P.S. Case No.252 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

(Soni Shrivastava, J)

N.K/-

U T