Gyanti DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20777 of 2026
                      Arising Out of PS. Case No.-30 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Gyanti Devi W/O Rajesh Ravat @ Rajesh Raut R/O Village- Khurd Lauwa,
                 P.S.-Janta Bazar, District-Saran.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sanjay Kumar Singh, Advocate
                 For the State           :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                      Heard the parties.

                                 2. The petitioner is apprehending her arrest in

                   connection with Janta Bazar P.S. Case No. 30 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 08.02.2026 by the informant, Raju Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that on secret information, the place was raided and further there

                   is recovery/seizure of 20 liter country made liquor, the

                   Chowkidar named the lady. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that only

                   because of criminal antecedent, she has repeatedly been framed

                   in the case, further, if granted relief this time, she shall ensure

                   that in no way she comes anywhere near to the said places

                   which leads her implication.

                                 5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in
Patna High Court CR. MISC. No.20777 of 2026(2) dt.08-04-2026
                                            2/3




          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

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

          out.

                       6. Learned APP opposes the prayer submitting that the

          lady has criminal antecedent.

                       7. Taking into account the submissions of the parties

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

          also that though the lady has criminal antecedent, nothing has

          been recovered from his conscious possession, the submission is

          that the Chowkidar is inimical to her and has framed her, she

          shall be submitting a petition to the Superintendent of Police in

          this regard, in that background, this Court is inclined to extend

          her the privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Excise Court-3, Saran
            Patna High Court CR. MISC. No.20777 of 2026(2) dt.08-04-2026
                                                        3/3




                      at Chapra in connection with Janta Bazar P.S. Case No. 30 of

                      2026 subject to the following conditions:

                                   (i) one of the bailor should be the family

                      member/relative of the petitioner who shall provide official

                      document to show his/her bona fide;

                                   (ii) the petitioner shall be appearing before the Police

                      Station as and when required for cooperating in the

                      investigation;

                                   (iii) the petitioner 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 his

                      bail bond by the Trial Court itself;

                                   (iv) the petitioner 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 petitioner shall desist from committing any

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

                      to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T