Rita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23616 of 2026
                         Arising Out of PS. Case No.-690 Year-2021 Thana- FATUA District- Patna
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                 Rita Devi Wife of Chhotu Saw @ Dukhan Sah R/o- Imlichowk, Raipura
                 Kewalatal, P.S.- Fatuha, District- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Shyam Kumar Chaudhary
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   16-04-2026                     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 Sections 30(a) and

                   56(c) of the Bihar Prohibition and Excise Act, 2016 in

                   connection with Fatuha P.S.Case No. 690 of 2021.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and the entire allegation is false and

                   concocted. She was not present at the place of occurrence and

                   the illicit liquor has not been recovered from her conscious

                   physical possession.

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

                   anticipatory bail of the petitioner.

                                5. From the reading of the allegation levelled in the
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          FIR, it appears that the liquor has been seized from the house,

          which does not belong to the petitioner. No recovery has been

          made from the conscious physical possession of the petitioner,

          and from the reading of the search and seizure memo, it is

          apparent that it has been witnessed by two police witnesses and

          not by any independent witness, which puts a question mark on

          the validity of the seizure itself. Under these circumstances, I

          am inclined to grant privilege of anticipatory bail to the

          petitioner.

                        6. 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 learned Special Judge, Excise, Patna City in

          connection with Fatuha P.S.Case No. 690 of 2021, 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

          criminal antecedent of the petitioner and in case it is found that
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                     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