Jhariya DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3206 of 2026
                   Arising Out of PS. Case No.-138 Year-2019 Thana- PHULWARISHARIF District- Patna
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                 Jhariya Devi W/O Dewnath Chouhan @ Daroga Chauhan @ Daroga Chouhan
                 Resident of Village- Govindpur Noniyatola, Phulwarisharif, PS-
                 Phulwarisharif, District- Patna
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :      Mr. Satya Nand Shukla, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. 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 Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   a woman and allegation is of recovery of 18 litres of liquor

                   along with 7 Kg. of Mahua Flower from a hut situated near the

                   government school.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.3206 of 2026(2) dt.30-01-2026
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          and is accessible to public at large. It is further submitted that

          petitioner came to be implicated at the instance of the local

          person but then it is submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of her arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees One Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Phulwari

          Sharif P.S. Case No. 138 of 2019, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if
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                     it is found that petitioner has antecedent of more than one case,

                     it would be presumed that petitioner had concealed her

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T