Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10293 of 2026 Arising Out of PS. Case No.-937 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rita Devi, female, aged about-56 years, W/o Devanand Bin Resident of Village- Karinga, P.S.- Muffasil, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Chapra Muffasil P.S. Case No. 937 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 30 litres of locally brewed Mahua liquor has been recovered from a ditch/pit behind the petitioner's house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that no incriminating article has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the alleged recovered illicit liquor. He further submits that alleged 30 litres of illicit liquor has been recovered from the pit behind the house and the petitioner is not owner of the house. He next submits that petitioner was not arrested from the spot and name of the petitioner has been transpired in this case

Patna High Court CR. MISC. No.10293 of 2026(2) dt.17-02-2026 2/2 only on the basis of suspicion. He further submits that petitioner is a lady and she has got clean antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering all facts and circumstances of the case and submissions made by learned counsel for the petitioner and also the fact that petitioner is a lady and she has got no criminal antecedent as stated in para-3 of the bail petition and also the fact that no incriminating article has been recovered from conscious possession of the petitioner, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction learned Additional Sessions Judge-cum-Exclusive Special Court Excise Act-1, Saran at Chapra in connection with Chapra Mufassil P.S. Case No.937 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Ramesh Chand Malviya, J) Harshita/- U T