Vinita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8628 of 2026
                     Arising Out of PS. Case No.-344 Year-2025 Thana- CHHATAPUR District- Supaul
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                 Vinita Devi W/o Jognarayan Sardar R/o Village- Hasanpur, Ward No.01, P.S-
                 Chhatapur, Dist- Supaul.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Verma, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                  Heard the parties.

                                2. The petitioner is apprehending her arrest in

                   connection with Chhatapur P.S. Case No. 344 of 2025 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police on secret

                   information raided a hut and there is recovery/seizure of 25 liters

                   of country-made liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that it is a

                   joint house and nothing has been recovered from her conscious

                   possession and she do not have any criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in the

                   case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)

                   PLJR 1089 wherein it has been held that an application for
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          anticipatory bail in a case arising out of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR, no

          offence under the said provision is made out.

                       6. Learned APP, Mr. Bharat Bhushan opposes the prayer

          submitting that the locals have given the name of the lady.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner is a lady, having no criminal antecedent and

          nothing has been recovered from her conscious possession, in that

          background, this Court is inclined to extend her the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the statement

          made in paragraph-3, the petitioner has criminal antecedent, the

          present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned Exclusive Special Excise Judge-I, Supaul in connection

          with Chhatapur P.S. Case No. 344 of 2025 subject to the following

          conditions:

                       (i)   one    of    the     bailor      should   be   the   family
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                    member/relative of the petitioner who shall provide official

                    document to show his/her bona fide;

                                 (ii) the petitioner shall be appearing before the Police

                    Station as and when required for cooperating in the investigation;

                                 (iii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of her bail

                    bond by the Trial Court itself;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty to

                    take steps for cancellation of her bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T