Roshani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8070 of 2026 Arising Out of PS. Case No.-423 Year-2025 Thana- PALASI District- Araria ====================================================== Roshani Devi W/o Sunil Yadav @ Gulten R/o vill- Kankhudiya Tola, Kachnahar, ward no. 4, PS- Palasi, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Palasi Police Station Case No. 423 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the FIR, on 23.10.2025, the police got secret information regarding transportation of illicit liquor. On such information, the police party reached the place of occurrence. Upon seeing the police, one female attempted to flee and succeeded. However, her house was raided in the presence of two witnesses, and 13.8 litres of Nepali liquor was recovered from the bushes outside the house of the petitioner. Local people disclosed the fled away person as the petitioner.

Patna High Court CR. MISC. No.8070 of 2026(2) dt.17-02-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on the basis of disclosures made by local people. Nothing has been recovered from the conscious physical possession and/or premises belonging to the petitioner. The alleged recovery was made from bushes outside the petitioner's house, which is an open space accessible to all and sundry. Learned counsel lastly submits that petitioner is a lady and is having no criminal antecedent.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that nothing has been recovered from the conscious physical possession and/or premises belonging to the petitioner, petitioner is having clean antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judgecum-Exclusive Special Excise Judge II, Araria, in connection

Patna High Court CR. MISC. No.8070 of 2026(2) dt.17-02-2026 3/3 with Palasi Police Station Case No. 423 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

(Anil Kumar Sinha, J) Siwani/- U T