Balkeshiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7943 of 2026 Arising Out of PS. Case No.-138 Year-2025 Thana- Nagara District- Saran ====================================================== Balkeshiya Devi Son of Bhatti Nut @ Bhhathi Nut Resident of Village - Aphaura/ Affour, P.S.- Nagra, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Nagra P.S. Case No. 138 of 2025 dated 13.11.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the first information report a total quantity of 25 liters of illicit country made liquor has been recovered from a white coloured bag kept in a bush behind the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the
Patna High Court CR. MISC. No.7943 of 2026(2) dt.17-02-2026 2/3 Police due to oblique motive. The name of the petitioner has transpired in this case merely on the basis of suspicion. The illicit liquor in question has not been recovered from the conscious possession and / or premises belonging to the petitioner. The alleged recovery of illicit country made liquor has been made from a bag kept in a bush situated behind the house of the petitioner, which is an open space easily accessible to all and sundry. The petitioner has no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the fact that recovery of illicit country made liquor is not from inside the house of the petitioner rather the same has been seized from an open space easily accessible to everyone and petitioner is a lady having no criminal antecedent, accordingly , I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court no. 3, Saran at Chapra in connection with Nagra P.S. Case No. 138 of 2025 subject to
Patna High Court CR. MISC. No.7943 of 2026(2) dt.17-02-2026 3/3 the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T