Sabita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31904 of 2026
                         Arising Out of PS. Case No.-149 Year-2026 Thana- PARSA District- Saran
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                 Sabita Devi Wife of Kalpu Manjhi Resident of Village- Shankardih, P.S.-
                 Parsa, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashad
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                     Heard Mr. Ashad, learned counsel for the petitioner

                   and Ms. Indu Kumari Srivastava, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.03.2026 in connection with Parsa P.S. Case No. 149 of 2026

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The case of the prosecution, in brief, is that on

                   25.03.2026, police received information that Vikash Kumar,

                   Sabita Devi and Sanoj Manjhi are selling illicit liquor behind the

                   house of Sabita Devi. On the said information, the police

                   reached on the spot where on seeing police jeep, three persons

                   tried to flee flee away from the spot but with the help of police

                   personnel, the said three persons were apprehended and
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          disclosed their name as Vikash Kumar, Sabita Devi and Sanoj

          Manjhi respectively. On searching, the police recovered total

          16.400 litres of illicit country made liquor from behind the

          house of accused (Sabita Devi). Thereafter, police seized the

          illicit liquor and prepared seizure list in presence of two

          witnesses from raiding party.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from behind the house of the

          petitioner and he has been made an accused in this case merely

          on the basis of suspicion and except the aforesaid, nothing has

          come to suggest the involvement of petitioner in the present

          case. It is next submitted that from perusal of the seizure list it

          appears that the seizure list witnesses are police personnel so

          there is non-compliance of mandatory provisions of Sections

          103 and 105 of BNSS, 2023. It is next submitted that the co-

          accused person, namely, Sanoj Manjhi has been granted bail by

          a Coordinate Bench of this Court vide order dated 22.04.2026

          passed in Cr. Misc. No. 27169 of 2026 and petitioner is in

          custody since 26.03.2026

                      5. The learned Additional Public Prosecutor for State
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          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case other than the

          present case but fairly submits that petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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           3 rd

          Exclusive Special Excise Court, Saran at Chapra in connection

          with Parsa P.S. Case No. 149 of 2026, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his
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                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T