Anita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36339 of 2026
                   Arising Out of PS. Case No.-17 Year-2024 Thana- KISHANGANJ District- Kishanganj
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                 Anita Devi W/o Raju Mahto Resident of Dey Market, Ward No 25, P.S.-
                 Kishanganj, District - Kishanganj.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Amal Kumar Sinha, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   03-06-2026                     The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                3. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Special Case No. 9 of 2024, arising out of

                   Kishanganj P.S Case No. 17 of 2024, lodged on 10.01.2024,

                   under Sections 30(a), 41 and 47 of the Bihar Prohibition and

                   Excise Act, pending in the Court of learned Exclusive Special

                   Judge Excise-I, Kishanganj.

                                4. As per the prosecution, total recovery of 7.125 litres
           Patna High Court CR. MISC. No.36339 of 2026(2) dt.03-06-2026
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                     of foreign liquor has been made which is the subject matter of

                     the present case.

                                  5. Learned Counsel for the petitioner submits that the

                     petitioner is innocent and has committed no offence. Counsel

                     submits that antecedent of the petitioner is not clean. There is

                     one case pending against the petitioner. Counsel submits that

                     petitioner has not been named in the FIR and on the basis of

                     seized scooty of the petitioner, she has been implicated in this

                     case. He submits that petitioner is a lady and she is the

                     registered owner of the said scooty but she has no concern with

                     the seized illicit liquor.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that there is one case pending

                     against the petitioner.

                                  7. Considering the criminal antecedent of the

                     petitioner, the prayer for anticipatory bail of petitioner is hereby

                     refused. However, in the event of surrender of the petitioner

                     within four weeks from today, the prayer for regular bail shall

                     be considered without being prejudiced by the order of this

                     Court.

                                                                   (Dr. Anshuman, J)
Mkr./Bipin/-

U      T