Alka YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33386 of 2026
                       Arising Out of PS. Case No.-842 Year-2024 Thana- ALAMGANJ District- Patna
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                 Alka Yadav W/o Ashok Kumar R/O - Hamam Gali, Sadar Patna, Near
                 Shanker Mandir, Patna City, Ranipur Milki Chak, P.O. - Patna City, Dist. -
                 Patna.
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
                                                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Ms.Sripriya Sinha, Adv.
                 For the Opposite Party/s :       Ms.Meena Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   18-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State through Virtual Mode.

                                2. The petitioner apprehends her arrest in connection

                   with Alamganj P.S. Case No. 842 of 2024 dated 22.09.2024

                   registered for the offences punishable under Sections 30(a) and

                   32(2) of the Bihar Prohibition & Excise Act.

                                3. The prosecution case is to the effect that the police

                   received secret information that a person was hiding country-made

                   liquor in the trunk of her Scooty and was selling the same.

                   Accordingly, a raid was conducted and the said person tried to flee

                   away. Although he was chased but he managed to escape. It has

                   further been stated that on search of the Scooty, total 9 litres of

                   country-made mahua liquor was recovered from the said Scooty.

                                4. The learned counsel for the petitioner submits that the
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          petitioner has falsely been implicated in this case merely because

          earlier she was the owner of the Scooty. However, the said Scooty

          was sold to one Nakeshar Rai on 11.09.2023. It has further been

          submitted that the petitioner has no relation whatsoever with the

          alleged liquor or with the Scooty after 11.09.2023, and the present

          seizure was made in the year 2024 on 22.09.2024, almost after one

          year of her selling the Scooty. Lastly, it has been submitted that the

          petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of the

          case, the petitioner, above named, is directed to be released on

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

          Court below within a period of four 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 the

          learned Court below where the case is pending/successor court in

          connection with Alamganj P.S. Case No. 842 of 2024, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2) of

          BNSS as well as subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the
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                     petitioner.

                                   (ii) The petitioner shall remain physically present before

                     the concerned Court on each and every date of the trial and shall

                     cooperate in the investigation.

                                   (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                   (iv) 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 his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/Anjali

U      T