Babita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9402 of 2026
                     Arising Out of PS. Case No.-789 Year-2025 Thana- MADHAURAH District- Saran
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                 Babita Devi W/o Birendra Manjhi R/o Village- Mirzapur, P.S- Marhowrah,
                 Dist- Saran.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeet Kumar Singh
                 For the Opposite Party/s :      Mr.Nagendra Prasad
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                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Madhaura P.S. Case No. 789 of 2025

                   registered for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. As per prosecution case, on secret information the

                   informant proceeded to village Lerua and during search 05

                   litre country-made liquor was recovered from a plastic bucket

                   kept behind the hut and the accused lady succeeded in fleeing

                   away from the place of occurrence and the local chaukidar

                   disclosed the name of the petitioner.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9402 of 2026(2) dt.19-02-2026
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          petitioner is innocent and has committed no offence as alleged

          in the FIR and she has falsely been implicated in this case due

          to village politics. He further submits that petitioner was not

          found at the place of occurrence and nothing has been

          recovered from the conscious possession of the petitioner. He

          further submits that the place of recovery is an open place and

          same is accessible to all and petitioner cannot be held liable

          for the alleged recovery. It is submitted that the alleged

          recovery has not been made from the possession of the

          petitioner and she has no concern with the alleged recovery.

          He further submits that the local chaukidar has falsely

          implicated the petitioner in the present case because of

          criminal antecedent of one case in which she is already on

          bail, without any basis and except suspicion there is nothing

          on record to connect the present petitioner with the alleged

          occurrence. Seizure list has not been made as per law. In the

          light of the aforesaid facts and circumstances of the case,

          petitioner cannot be held liable for the same and no offence is

          made out as alleged in the FIR against the petitioner.

                       5. The learned A.P.P. for the State opposes the

          prayer for anticipatory bail of the petitioner and submits that

          the petitioner is F.I.R. named accused hence, she cannot
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                      escape from the allegation made in the F.I.R.

                                   6. Considering the facts and circumstances of the

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

                      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 amount each to the satisfaction of learned 2 nd

                      Exclusive Special Excise Judge, Saran at Chapra in

                      connection with Madhaura P.S. Case No. 789 of 2025, subject

                      to the conditions as laid down under Section 482(2) of BNSS.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T