IN THE HIGH COURT OF JUDICATURE AT PATNA GOVT. APPEAL (SJ) No.1 of 2025 In GOVT. APPEAL (DB) No.2 of 2025 Arising Out of PS. Case No.-356 Year-2018 Thana- TEGHRHA District- Begusarai ======================================================

The State of Bihar through the District Magistrate, Begusarai Bihar ... ... Appellant Versus Sangeeta Kumari W/O Sanjev Raman R/O Vill.- Mathurapur South Tola, P.S.- Teghra, Dist.- Begusarai.

... ... Respondent ======================================================

Appearance :

For the Appellant/s : Mr.Rajendra Nath Jha, Advocate For the Respondent/s : Mr.Rakesh Kumar, Addl.PP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL JUDGMENT

Date : 16-02-2026 Heard learned counsel appearing for appellant and learned APP appearing for the State.

2. The present appeal filed on behalf of the appellant under Section 378 1(b) iii of Code of Criminal Procedure or Section 419(b)(3) of the B.N.S.S., 2023, which has been preferred against the judgment of acquittal dated 14.06.2024 rendered by learned Exclusive Special Excise Judge, Begusarai in connection with Teghra P.S. Case No. 356 of 2018 whereby the present respondent/accused has been acquitted from the charges levelled against her.

3. The case of the prosecution is that on secret information the informant and other police personnels reached at the house of one Sanjeev Kumar Singh and when police vehicle stopped, three persons started fleeing away. The police party entered into the house and found a truck bearing Registration No. RJ20GA-9837 is standing and the driver and cleaner of the vehicle were indulged to unload the cartoons of foreign liquor from the truck. The informant caught two accused persons namely, Mangal Chand and Birma Ram on the spot. On search of the aforesaid truck, 43 cartoons of 180 ml. and seven dibba of old freeze having with foreign liquor from the possession of the driver and khalasi were recovered. Upon questioning, the apprehended persons disclosed that at behest of Sanjeev Raman, they were unloading the foreign liquor from the said Truck and when police came, Sanjeev Raman, and his associates fled away. The informant recovered 154 cartoon of 750 ml each cartoon having with 12 bottles, 290 cartoon of 375 ml each with 24 bottles, 194 cartoons of 180 ml each 48 bottles, 70 pieces of 180 ml, 35 pieces of 180 ml, 28 pieces of 180 ml total 5896.

100 litres foreign liquor were seized from house of Sanjeev Raman and, accordingly, seizure list was prepared.

4. On the basis of written report of the informant (PW-6), the instant case was lodged against the accused for the offence u/s-30(a)(b) of the Excise Act and accordingly cognizance was taken by Special Court (Excise).

5. To substantiate the case, the prosecution produced eight (8) witnesses in this case and they are (1) P.W.1 Ramagayan Prasad; (2) P.W 2 Bhual Prasad; (3) P.W 3 Rajesh Kumar; (4) P.W 4 Rinku Devi; (5) P.W 5 Bhola Sahni; (6) P.W.6 the informant namely, Budhdeo Paswan; (7) P.W 7 Ram Kumar Singh and (8) PW 8 Raj Bindu Prasad.

6. The prosecution has also produced the following documentary evidence, which are as under:

Exhibit -1 Signature of P. W 1 on seizure list.

Exhibit - 2 Signature of P. W 1 on memo of arrest. Exhibit - 1/1 Identification of signature of witness no. 3 on seizure list.

Exhibit – 2/2 -Identification of signature of witness no. 4 on memo of arrest.

Exhibit - 3- Identification of signature of witness no. 5 on his self statement Exhibit -1/2- Identification of signature on seizure list.

Exhibit -2/2 - Identification of signature on memo of arrest.

Exhibit – 1/3- Identification of signature of witness no. 5 on seizure list Exhibit - 1/4- Identification of signature of witness no. 6 on seizure list.

Exhibit -4- Received FSL report by the Court.

7. On the basis of testimony of aforesaid prosecution witnesses, the statement of accused/respondent was recorded under section 313 of the Cr.P.C. where she completely denied