Nitu DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17531 of 2026
                         Arising Out of PS. Case No.-67 Year-2025 Thana- Khesar District- Banka
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                 Nitu Devi Wife of Ranjit Yadav @ Ramjee Yadav Resident of New Sidi Ghat
                 Road, Sultanganj, P.S.- Sultanganj, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar Jha
                 For the Opposite Party/s :        Mr.Lalan Kumar
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                     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 the

                   Bihar Prohibition and Excise 2018 in connection with Khesar

                   P.S.Case No. 67 of 2025.

                                3. As per the prosecution case, in course of patrolling,

                   the police personnel chased and nabbed the accused person, who

                   disclosed his name as Ashish Kumar. On search, total 2 litres of

                   illicit country-made liquor was recovered from a motor-cycle.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case having clean background.

                                5. Learned A.P.P. for the State opposes the prayer for
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          anticipatory bail of the petitioners.

                       6. Considering the fact that the petitioner is a lady,

          who has not been apprehended on the spot and, therefore, no

          recovery has been made from the conscious physical possession

          of the petitioner and also the fact that the search and seizure

          memo has not been signed by two independent witnesses, which

          castes a doubt over the validity and legality of seizure itself,

          and further given the fact that the petitioner has no criminal

          antecedent, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          her arrest or surrender within four weeks from today, be

          enlarged on bail 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 Special Judge, Excise Court No.2,

          Banka in connection with Khesar P.S.Case No. 67/2025, subject

          to the conditions laid down under section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 and subject to further condition that :-

                       (i) the petitioner shall co-operate in the investigation/

          trial.

                       (ii) the learned Court would, however, verify the
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                     criminal antecedent of the petitioner and in case it is found that

                     the petitioner has concealed her criminal antecedent, the Court

                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T