Sangita Devi v. The State Of Bihar

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 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 2/3 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