Bandhan KumariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39804 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- VAISHALI District- Vaishali
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                 Bandhan Kumari Daughter of Achchhelel Sahni Resident of Village-
                 Bhagwatpur, Dharampur, P.S. and District- Vaishali
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Janardan Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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 offences punishable under Sections 190, 132, 121(1) and 263

                   of the BNS as well as Sections 30(a) and 45 of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 50 litres of liquor from the house of

                   Gautam.

                                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 she came to be

                   implicated based on the confessional statement of her brother,

                   namely, Gautam in police custody which does not have any

                   evidentiary value in the eye of law.
           Patna High Court CR. MISC. No.39804 of 2026(2) dt.30-06-2026
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                                  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 appearing on behalf of the petitioner, let the petitioner,

                     above-named, in the event of her arrest or surrender within a period

                     of six weeks from today, be released on provisional anticipatory bail

                     on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Vaishali P.S. Case No. 24 of 2026, subject to the conditions as

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

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner and

                     if it is found that petitioner has antecedent of even 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 is a person with clean antecedent

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T