Babita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40164 of 2026
                     Arising Out of PS. Case No.-246 Year-2026 Thana- Excise P.S. District- Gopalganj
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                 Babita Devi W/o Laldev Mahto R/o Village- Harkhuaa Nahar, P.S.-
                 Gopalganj, District- Gopalganj.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Anand Vardhan
                 For the Opposite Party/s :        Mr.Jagdhar Prasad
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.03.2026 in connection with Gopalganj P.S. Case No. 246 of

                   2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                               3. The case of the prosecution in brief is that on

                   20.03.2026 at about 05.45 P.M., on secret information the police

                   party conducted checking near Bhingari and intercepted the

                   petitioner and a co-accused, who were carrying bags and plastic

                   sacks. Upon search, 45 pieces of country made liquor and 20

                   bottles of foreign liquor was recovered, total recovery of 12.600

                   litres, allegedly meant for illegal sale in Bihar. Hence the FIR.

                               4. Learned counsel for the petitioner submits that
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          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner next submits that it appears

          from the FIR and seizure list that altogether 12.60 liters of

          liquor was recovered from the conscious possession of the

          petitioner. It is next submitted that from perusal of the seizure

          list it appears that the seizure list witnesses are police personnel

          so there is non-compliance of mandatory provisions of Sections

          103 and 105 of BNSS, 2023 and petitioner is in custody since

          21.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of three cases other than

          the present case but fairly submits that the petitioner is on bail in

          the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Court of

          Exclusive Spl. Excise Court No. II, Gopalganj in connection

          with Gopalganj P.S. Case No. 246 of 2026, subject to the

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
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                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on her absence on two consecutive dates without sufficient

                     reason, her bail bonds shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed her

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

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

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

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T