Babita deviversusThe state of bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35356 of 2026
                       Arising Out of PS. Case No.-146 Year-2026 Thana- DORIGANJ District- Saran
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                 Babita devi W/O Late Raju Nut R/O Vill.- Musepur Nut Toli, P.S- Doriganj,
                 Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Adv.
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-06-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                2. The petitioner apprehends her arrest in connection

                   with Doriganj P.S. Case No. 146 of 2026, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Acting on a tip regarding concealment of illicit

                   wine, the police conducted raid. However, noticing the police

                   party, a woman, who was present there, succeeded in fleeing

                   away; later on, her name has been disclosed as Babita Devi i.e.

                   the present petitioner. It is further alleged that in course of

                   search, the police also recovered 08 liters of illicit wine kept

                   beneath the sand.
Patna High Court CR. MISC. No.35356 of 2026(2) dt.01-06-2026
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                       4. Learned Advocate for the petitioner taking this

          Court through the FIR and the search and seizure memo

          submitted that there is complete defiance of Sections 103 and

          105 of the BNSS, inasmuch as, it is admitted fact that the

          alleged recovery has been made from an open place, easily

          accessible to all and for that, the petitioner cannot be held

          responsible for the same. Only on account of one criminal

          antecedent of identical nature, the name of the petitioner has

          been implicated in this case without there being any material.

          Even if the allegation and the materials is accepted for the sake

          of argument, it do not attracts the rigors provided under Section

          76 (2) of the Bihar Prohibition and Excise (Amendment) Act,

          2018. It is lastly submitted that the petitioner undertakes that she

          will fully co-operate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that it is the

          petitioner, who is found indulge in selling of illicit wine.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the fact that the alleged recovery has been made from an open

          place, besides there is defiance of mandatory provisions of

          Sections 103 and 105 of the BNSS and there is no cogent
            Patna High Court CR. MISC. No.35356 of 2026(2) dt.01-06-2026
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                      material attracting the rigors provided under Section 76 (2) of

                      the Bihar Prohibition and Excise Amendment Act, 2018, let the

                      petitioner above named be released on bail, in the event of her

                      arrest or surrender before the court below within a period of four

                      weeks from the date of receipt/production of a copy of this

                      order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned 3rd Exclusive Special Excise Judge, Saran at Chapra

                      in connection with Doriganj P.S. Case No. 146 of 2026, subject

                      to the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023 with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T