Allowed¶17

Kanti Devi v. The State of Bihar

Patna HC9 Jan 2025CR. MISC./90275/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act, 2016, S. 30(a); Ara Nawada P.S. Case No. 669 of 2024; 119 litres country liquor seized from motorcycle, driver escaped; petitioner Kanti Devi, registered owner, pleaded false implication; lady applicant without criminal antecedent; bail bond Rs.10,000/- with two like sureties; Exclusive Special Excise Court No.1, Bhojpur at Ara; CR. MISC. No.90275 of 2024; Partha Sarthy, J.; Patna High Court; order dated 09-01-2025.

What did the court decide?

Anticipatory bail in Ara Nawada P.S. Case no. 669 of 2024, conditioned on arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court no.1, Bhojpur at Ara. ¶17

Kanti Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, a lady with no criminal antecedent alleged to have been implicated as the registered owner of a motorcycle from which 119 litres of country liquor was recovered, in Ara Nawada P.S. Case no. 669 of 2024 under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Court's answer

Taking into consideration the allegations in the F.I.R., the submissions made, and that the petitioner is a lady with no criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the court found anticipatory bail warranted.

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Ratio / Principle

Direction issued that the petitioner, in the event of her arrest or surrender before the learned Court below within four weeks, be released on anticipatory bail in Ara Nawada P.S. Case no. 669 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court no.1, Bhojpur at Ara.

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Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Partha Sarthy, J.; order dated 09-01-2025) allowed the anticipatory bail application of Kanti Devi, arraigned in Ara Nawada P.S. Case No. 669 of 2024 under section 30(a) of the Bihar Prohibition and Excise Act, 2016, arising out of recovery of 119 litres of country liquor from a motorcycle whose driver escaped during a police search, the petitioner being its registered owner. Considering that the petitioner is a lady with no criminal antecedent under the Act, the court directed that, in the event of her arrest or surrender within four weeks, she be released on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90275 of 2024

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Arising Out of PS. Case No.-669 Year-2024 Thana- ARA NAWADA District- Bhojpur

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

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Kanti Devi W/o Mukteshwar Singh R/o Village- Bakri Tola, Ghodpokhar, P.SUdwantnagar, District- Bhojpur

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate Mr. Deepak Kumar, Advocate Mr. Sumit Kumar, Advocate Ms. Priya Kumari, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 09-01-2025

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Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of anticipatory bail apprehending his arrest in connection with Ara Nawada P.S. Case no. 669 of 2024 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

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As per the prosecution case, on the motorcycle in question being stopped for search by the police personnel it is stated that the person driving the same managed to escape. On search, a total of 119 litres of country liquor was recovered.

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Learned counsel for the petitioner submits that the petitioner who is a lady having no criminal antecedent has been falsely implicated in the case only for the reason that she happens to be the registered owner of the vehicle in question.

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Patna High Court CR. MISC. No.90275 of 2024(2) dt.09-01-2025 2/2

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She was neither anywhere near the vehicle when the seizure was made nor the person alleged to be driving the vehicle.

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The application for anticipatory bail is opposed by learned A.P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the submissions made, the petitioner being a lady and having no criminal antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ara Nawada P.S. Case no. 669 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Bhojpur at Ara.

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avinash/-

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U T

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(Partha Sarthy, J)

Kanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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