Siya Devi Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84042 of 2025

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Arising Out of PS. Case No.-168 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai

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

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Siya Devi, W/o Ramdhani Chaudhary, R/o Village - Kamtanagar, P.S - Ramgarh Chowk, District - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan, Advocate. For the State : Mr. Braj Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 23-12-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail, apprehending her arrest, in connection with Ramgarh Chowk P.S. Case No. 168 of 2025 dated 10.09.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per allegation, total six litres liquor like liquid has been recovered from the house of the petitioner. As per further case of the prosecution, at the time of Police raid, the petitioner successfully fled away from her house.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that even Police is not sure that the liquid is liquor or not, nor there is proper seizure, nor any

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Patna High Court CR. MISC. No.84042 of 2025(2) dt.23-12-2025 2/3

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seizure in the presence of any independent witness. He also submits that even as per allegation, six litres liquor like liquid is minuscule quantity which was recovered from the house of the petitioner. The petitioner is 62 years old lady.

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Under aforesaid circumstances, it would be travesty

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of justice to deprive the petitioner of her personal liberty.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in four cases of similar nature in which she is on bail.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts, particularly the minuscule quantity of the recovery of liquor like liquid, this petition is allowed, invoking writ jurisdiction of this Court, directing the petitioner, above-named, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like

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Patna High Court CR. MISC. No.84042 of 2025(2) dt.23-12-2025 3/3

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amount each to the satisfaction of learned concerned court below in connection with Ramgarh Chowk P.S. Case No. 168 of 2025, subject to the conditions as laid down under Section 482

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(2) of the B.N.S.S 2023, and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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S.Ali/-

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U T

Siya Devi v. The State of Bihar

Case brief

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Siya Devi v. The State of Bihar

Case brief

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