Navita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18571 of 2026
                    Arising Out of PS. Case No.-601 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
           1.     Navita Devi W/o- Mukesh Sardar Resident of Village- Narha Ward No. 16,
                  P.S- Triveniganj, District- Supaul
           2.    Sharda Devi W/o- Bhola Sardar Resident of Village- Narha Ward No. 16,
                 P.S- Triveniganj, District- Supaul
           3.    Bhola Sardar S/o- Late Fagu Sardar Resident of Village- Narha Ward No.
                 16, P.S- Triveniganj, District- Supaul
           4.    Chunchun Sardar @ Chunchun S/o- Bhola Sardar Resident of Village-
                 Narha Ward No. 16, P.S- Triveniganj, District- Supaul
           5.    Mukesh Sardar @ Mukesh Kumar S/O Bhola Sardar Resident of Village-
                 Narha Ward No. 16, P.S- Triveniganj, District- Supaul
           6.    Kalanand Sardar S/o- Bhola Sardar Resident of Village- Narha Ward No. 16,
                 P.S- Triveniganj, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjay Kumar Singh
                 For the Opposite Party/s :      Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-05-2026                    Heard the parties through virtual mode.

                                2. The petitioners are apprehending arrest in

                   connection with Triveniganj P.S. Case No. 601 of 2025

                   instituted under Section 191(2), 191(3),, 190, 115(2), 121(1),

                   132, 125 and 324(4) of the BNS lodged on 19.12.2025 by the

                   informant, Sonu Kumar.

                                3. As per the prosecution story, the informant alleged

                   that on secret information of manufacturing of liquor by

                   Mukesh Sardar, the place was raided and certain half
Patna High Court CR. MISC. No.18571 of 2026(2) dt.18-05-2026
                                            2/4




          manufactured local liquor were also recovered/seized. However,

          when the Police wanted to take action against Mukesh Sardar,

          those present and named in the FIR, started protesting and in the

          process, resorted to brick bats causing injury to the police men

          as also damaged of the police vehicles. This led to the FIR.

                       4. Learned counsel for the petitioners submit that the

          people of the entire area have been rounded off, the ladies

          included were part of the anticipatory bail application. None of

          them have criminal antecedent and were present there, got

          implicated.

                       5. The last submission is that irrespective of the

          outcome of the present case and/or accepting the allegation, the

          petitioners intends to contribute Rs.1000/- each to the Chief

          Minister's Relief Fund through Demand Draft issued by the

          local branch of the State Bank of India.

                       6. Further, learned counsel for the petitioners relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation
Patna High Court CR. MISC. No.18571 of 2026(2) dt.18-05-2026
                                            3/4




          made in the FIR, no offence under the said provision is made

          out.

                       7. Learned APP opposes the prayer submitting that not

          only they opposed the arrest of the Mukesh Sardar, they also

          resorted to brick bats.

                       8. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also the allegation being omnibus in nature, they do not have

          any criminal antecedent, some of them are ladies, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail subject to payment of Rs.1000/- each to the

          Chief Minister's Relief Fund through Demand Draft issued by

          the local branch of the State Bank of India.

                       9. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each in connection with Triveniganj P.S. Case

          No. 601 of 2025 to the satisfaction of learned Exclusive

          Special , Excise Court-I, Supaul subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C. as also the other

          conditions.
           Patna High Court CR. MISC. No.18571 of 2026(2) dt.18-05-2026
                                                       4/4




                                  (i) one of the bailor should be the family

                     member/relative of the petitioners who shall provide official

                     document (Aadhar Card/Driving License/Voter ID/Pan Card

                     etc.) to show his/her bona fide;

                                  (ii) The petitioners shall be appearing before the

                     police station as and when required for cooperating in the

                     investigation;

                                  (iii) the petitioners shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of their bail bond by the Trial Court itself;

                                  (iv) the petitioners shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioners shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                    (Rajiv Roy, J)
Ravi/ S. Prasad

U      T