Radha DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42714 of 2026
                    Arising Out of PS. Case No.-242 Year-2026 Thana- RAJNAGAR District- Madhubani
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                 Radha Devi W/o- Jitendra Mukhiya Resident of Village- Korahiya, P.S-
                 Jaynagar, District-Madhubani

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Shailendra Kumar Jha, learned counsel

                   for the petitioner and Mr. Mithlesh Kumar Khare, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   17.05.2026, in connection with Rajnagar P.S. Case No. 242 of

                   2026 corresponding to G.R. NO. 717 of 2026, F.I.R. dated

                   16.05.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition & Excise Act.

                                3. Recovery is of 65.00 litres of Nepali country made

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and she has been falsely implicated in the

                   present case on the basis of suspicion and nothing has been

                   recovered from the conscious possession of the petitioner rather
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          recovery has been made from the place of occurrence and the

          petitioner has no role in the present occurrence and except the

          suspicion, nothing has come during investigation to suggest the

          involvement of the petitioner in the present occurrence and

          altogether 65.00 litres of Nepali country made liquor was

          recovered from the place of occurrence. He further submits that

          the seizure list witnesses are police personnel so there is non-

          compliance of mandatory provisions of BNSS, 2023 and the

          petitioner is in custody since 17.05.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non compliance of

          mandatory provisions of B.N.S.S, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special
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                         Judge (Excise Court), Madhubani in connection with Rajnagar

                         P.S. Case No. 242 of 2026 corresponding to G.R. No. 717 of

                         2026, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         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 bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T