PATNA HIGH COURT
Lalita Devi
Cr.Misc.-11139/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11139 of 2026 Arising Out of PS. Case No.-639 Year-2025 Thana- KOTWALI District- Patna ======================================================
Lalita Devi W/o- Saroj Kumar R/v- Karmchari Q.Room No-43, Block-B, PMCH, Ashok Rajpath Arya Kumar Road, Ps- Pirbahore Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate For the Opposite Party/s : Ms. Sucheta Yadav, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in connection with Kotwali P.S. Case No. 639 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, the police intercepted a motorcycle and apprehended one person namely Saroj Kumar and on search total 7.560 liters of foreign liquor was recovered from the said motorcycle.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated merely because she is the owner of the motorcycle. It has been submitted that the petitioner has no concern with the alleged recovered liquor and it was her good gesture that she had given her motorcycle to the said person and has no concern with the seizure and therefore no charge of carrying liquor can be attributed to the petitioner. The petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Kotwali P.S. Case No. 639 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned;
(iv) 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 bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/- U T
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