Archana DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29115 of 2026
                   Arising Out of PS. Case No.-12 Year-2026 Thana- KATIHAR NAGAR District- Katihar
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                 Archana Devi Wife of Santosh Choudhary @ Fantush R/o Village - Rani
                 Ghat, Dam, Near - Gaushala, P.O.- Katihar, P.S.- Sahayak, Dist.- Katihar.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Umesh Kumar Yadav, Adv.
                 For the Opposite Party/s :      Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                     Heard the learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in connection

                   with Katihar Town (Sahayak) P.S. Case No. 12 of 2026 registered for

                   the offences punishable under Sections 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. The prosecution case is that 20 liters of country made

                   liquor was recovered from the Tin-Tati (Jhopri) of the accused

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. No incriminating material has been recovered from the

                   conscious possession of the petitioner. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner has got

                   one criminal antecedent.

                                 5. Learned APP for the State has vehemently opposed the
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                     prayer for grant of anticipatory bail to the petitioner.

                                 6. Considering the aforesaid facts and circumstances of the

                     case that the recovery was made from Tin-Tati (Jhopri) which does

                     not belong to the petitioner and thus no prima facie case is made out

                     against petitioner, this court is inclined to grant anticipatory bail to

                     the petitioner.

                                  7. Let the petitioner, above named, in the event of his/her

                     arrest or surrender before the Court below within a period of thirty

                     days from the date of receipt of the order, be released on bail on

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

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Sepcail Excise II, Katihar in connection with Katihar Town

                     (Sahayak) P.S. Case No. 12 of 2026, subject to the conditions as laid

                     down under Section 438(2) of the Code of Criminal Procedure /

                     Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

                                  8. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of the

                     present bail application. Such observations shall not be construed as an

                     expression on the merits of the case and shall not influence the trial or

                     any other proceedings in any manner.



                                                       (Ansul, J)
abhishekkr/-

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