Bala PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31201 of 2026
                     Arising Out of PS. Case No.-15 Year-2026 Thana- JAMALPUR District- Darbhanga
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                 Bala Paswan S/o Kari Paswan Resident of Village - Jamalpur, P.S.- Jamalpur,
                 Dist- Darbhanga.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr.Khurshid Anwar, APP
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   27-05-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending her arrest in connection

                   with Jamalpur P.S. Case No. 15 of 2026 dated 11.02.2026

                   registered for the offence punishable under Section/s 30(a) of

                   the Bihar Prohibition and Excise Amendment Act.

                           3. As per the prosecution case, the police has recovered

                   total 40.875 liters of illicit foreign liquor from the sack beside

                   the Kamla Dam.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is next submitted that the alleged recovery has

                   been made from the bush near the Bandh, which is an open

                   place, accessible to general public. It is the case of the petitioner
Patna High Court CR. MISC. No.31201 of 2026(3) dt.27-05-2026
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          that the petitioner has one antecedent, not akin to the present

          one, in which the petitioner has been acquitted. It is further

          submitted that the name of the petitioner has transpired in this

          case on the basis of the disclosures made by the co-accused,

          while the petitioner is in no way connected with the seized

          article.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the recovery has been made from the

          open place, accessible to one and all, let the petitioner, above

          named, be released on anticipatory bail in the event of his arrest

          or surrender before the court below within a period of six weeks

          from today on furnishing bail bond of Rs. 10,000/- (rupees ten

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

          satisfaction of learned Exclusive Special Judge-II (Excise Act),

          Darbhanga in connection with Jamalpur P.S. Case No. 15 of

          2026, subject to the condition as laid down under Section 482(2)

          of the B.N.S.S. as well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;
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                                (ii) the petitioner(s) 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;

                                (iii) the petitioner(s) 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.



                                                                             (Ajit Kumar, J)
rishi/-

U         T