Shaili Devi @ Shailo DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36242 of 2026
                     Arising Out of PS. Case No.-449 Year-2025 Thana- Excise P.S. District- Darbhanga
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                 Shaili Devi @ Shailo Devi S/o Rajkumar Mahto R/o Village - Muhmmadpur
                 Kothi Tola,, P.S - Kamtaul, District - Darbhanga, Bihar.

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Kumar Mishra, Adv.
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                   ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Excise Sadar P.S. Case No. 449 of 2025 lodged on

                   16.11.2025, for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                4. As per the prosecution, total recovery of 116 litres

                   of illicit liquor has been made, which is the subject matter of the

                   present case.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36242 of 2026(2) dt.02-06-2026
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          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from a tempo. Counsel further submits that the name of

          the petitioner has figured in this case only due to the reason that

          she is the owner of the seized tempo. He further submits that the

          petitioner has clean antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of Special Judge-1 (Excise

          Act), Darbhanga, in connection with Excise Sadar P.S. Case No.

          449 of 2025, subject to the conditions as laid down U/s 482(2)

          of the B.N.S.S., 2023.

                       8. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about her

          criminal antecedent(s), the Trial Court shall take steps for
             Patna High Court CR. MISC. No.36242 of 2026(2) dt.02-06-2026
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                       cancellation of bail bond of the petitioner. However, the

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

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

                       verification.



                                                                            (Dr. Anshuman, J)
Divyansh/-

U      T