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Patna High Court

Sangita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sangita Devi, sought anticipatory bail after being named in an FIR for alleged involvement in the illegal manufacture of 15 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered from a pond bank behind the house of Mahesh Nat and that several women, including a co‑accused who was apprehended, were involved. The petitioner contended that she was not present at the scene, had no material linking her to the offence, and possessed a clean antecedent. The State opposed the bail, arguing that the petitioner’s name in the FIR sufficed for arrest. The Court, considering the lack of direct evidence, the petitioner’s gender and clean record, and the material on record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S., with conditions.

Issues considered

  • Whether anticipatory bail can be granted to a person named in an FIR for alleged participation in illicit liquor manufacture under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the material on record sufficiently links the petitioner to the alleged offence to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 482 High Court powers
  • clean antecedent
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8968 of 2026
                         Arising Out of PS. Case No.-347 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Sangita Devi W/o Mahesh Nut @ Mahesh Nat Resident of village- Shankar
                 Deeh Parsa, Police station- Parsa, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Parsa P.S. Case No. 347 of 2025, registered for

                   the offence punishable under Section 30(a) of Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per prosecution-case, there is alleged recovery

                   of 15 litre country-made illicit liquor from the place of

                   occurrence which is behind the house of Mahesh Nat on the

                   bank of pond. Five women were engaged in preparing the illicit

                   liquor and one of the co-accused named Bundi Devi was

                   apprehended who disclosed the names of others who managed

                   to flee away.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8968 of 2026(2) dt.18-02-2026
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          petitioner is quite innocent and has committed no offence as

          alleged in the F.I.R. He further submits that except disclosure of

          the co-accused, there is nothing on record to connect the

          petitioner with the alleged occurrence. Petitioner was not found

          at the place of occurrence. The alleged recovery is from an open

          place for which petitioner cannot be held liable. In light of the

          aforesaid facts and circumstances, no allegation, as alleged in

          the F.I.R., is made out against the petitioner. Apart from that,

          petitioner is having clean antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and she cannot

          escape from the allegations made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          petitioner being a lady having clean antecedent, argument

          advanced on behalf of both sides and also taking into

          consideration the material available on record, the petitioner

          above-named, in the event of her arrest or surrender before the

          learned trial court within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail-bond of

          Rs.10,000/- (rupees ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.8968 of 2026(2) dt.18-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Exclusive Special

                      Excise Judge No. 3, Saran at Chapra in connection with Parsa

                      P.S. Case No. 347 of 2025, subject to the conditions as laid

                      down under Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U      T


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