Meena DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14269 of 2026
                        Arising Out of PS. Case No.-282 Year-2025 Thana- BELHAR District- Banka
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           1.     Meena Devi W/o Prakash Yadav R/o Village - Amgarwa, P.S - Belhar,
                  District - Banka
           2.    Pappu Yadav S/o Prakash Yadav R/o Village - Amgarwa, P.S - Belhar,
                 District - Banka

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of three cases, out of which, two

                   cases are under the Excise Act and is a woman and petitioner

                   no.2 has antecedent of six cases and allegation is of recovery of

                   65 litres of liquor from a hut located in the cattle shed of the

                   petitioners. It is next submitted that petitioners were not arrested

                   from the spot as such nothing was recovered from their
Patna High Court CR. MISC. No.14269 of 2026(2) dt.13-03-2026
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          conscious possession. It is asserted and submitted that at Para-

          10, it has been specifically pleaded that the hut from which the

          alleged recovery is shown does not belong to the petitioners and

          they came to be implicated based on secret information which is

          the easiest way to implicate someone. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

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

          prayer for anticipatory bail of the petitioners and submits that

          petitioner no.2 has antecedent of six cases of serious nature and

          if the privilege of anticipatory bail is granted to the petitioner

          no.2, in that event, he may abscond but then fairly submits that

          petitioner no.1 is a woman and is a senior citizen aged about 70

          years.

                       5. After hearing the learned counsel for the parties, the

          petitioner no.1, above-named, in the event of her arrest or

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

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.15,000/- (Rupees fifteen thousand) with two sureties of the

          like amount each to the satisfaction of the learned trial court
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                       where the case is pending/successor court in connection with

                       Belhar P.S. Case No.282/2025, subject to the conditions as laid

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

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

                       thereafter shall verify the criminal antecedents of the petitioner

                       no.1 and in the event if it is found that petitioner no.1 has

                       antecedent of more than three cases, in that event, it would be

                       presumed that petitioner no.1 had concealed her antecedent

                       before this court, as such, the provisional anticipatory bail order

                       shall not be confirmed with but if after verification it is found

                       that petitioner no.1 has antecedent of three cases, in that event

                       the provisional anticipatory bail order shall be confirmed

                       forthwith.

                                    7. However, the Court is not inclined to extend the

                       privilege of anticipatory bail to the petitioner no.2, namely,

                       Pappu Yadav, considering his criminal antecedent.

                                    8. The anticipatory bail application of petitioner no.2

                       is rejected.



                                                 (Satyavrat Verma, J)
amit/-

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