Mauni Devi @ Mani DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12228 of 2026
                   Arising Out of PS. Case No.-377 Year-2025 Thana- MALAHI District- East Champaran
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                 Mauni Devi @ Mani Devi W/o- Dhurandhar Nat R/v- Sirni Nat Toli Ps-
                 Malahi Dist- East Champaran, A/P- Sadalpur Paterwa Ps- Yogapatti Dist-
                 West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 35 litres of liquor from a place

                   behind the house of Sunil Nat and 25 litres of liquor from the

                   house of the petitioner. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   her conscious possession and even alleged recovery is from a

                   place which does not belong to the petitioner but then is
Patna High Court CR. MISC. No.12228 of 2026(2) dt.26-02-2026
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          adjacent to her house and she came to be implicated at the

          instance of local villager but then it is submitted that the name

          of the villager who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution. It is also submitted that the house in question is a

          joint family property as such it cannot be alleged with certainty

          that who had kept the liquor at the place from where it was

          recovered.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Malahi

          P.S. Case No.377/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.12228 of 2026(2) dt.26-02-2026
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                       event if it is found that petitioner has antecedent of even one

                       case, in that event, it would be presumed that petitioner had

                       concealed her antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T