Kalindi DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24958 of 2026
                       Arising Out of PS. Case No.-383 Year-2018 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Kalindi Devi Wife of Tarakant Mishra Resident of Village- Siswa Khurd,
                 Lebhari, P.S.- Mairwa, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rachna Rani, Adv.
                                                  Ms. Shazia Ansari, Adv.
                 For the Opposite Party/s :       Mr.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   29-04-2026                          Heard Learned Counsel for the petitioner and

                   Learned A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Mairwa P.S. Case No.383 of 2018, for the offence

                   punishable under Sections 272, 273, 308 and 34 of the IPC read

                   with Sections 30(a), 38(i) & 41(i) of the Bihar Prohibition and

                   Excise Act, 2016.

                                3. As per the prosecution, the total recovery of 9 litres

                   of illicit foreign liquor have been alleged to be made from a

                   motorcycle, which is the subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the spot and her
Patna High Court CR. MISC. No.24958 of 2026(2) dt.29-04-2026
                                            2/3




          name has been transpired only due to owner of the said vehicle.

          Counsel further submits that criminal antecedent of the

          petitioner is clean. He further submits that the said motorcycle

          was used by family members of the petitioner and she has

          nothing to do with the said recovery.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is clean.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of Exclusive Special Excise Court No-I, Siwan, in

          connection with Mairwa P.S. Case No.383 of 2018, subject to

          the conditions as laid down U/s 482(2) of the BNSS, 2023

                       And further condition that the Trial Court shall verify

          the criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed her criminal

          antecedent, the Trial Court shall take step for cancellation of

          bail bond of the petitioner. However, the acceptance of bail
          Patna High Court CR. MISC. No.24958 of 2026(2) dt.29-04-2026
                                                      3/3




                    bonds in terms of the above-mentioned order shall not be

                    delayed for purpose of or in the name of verification.



                                                             (Dr. Anshuman, J)
Aman Kumar/-

U     T