Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18972 of 2026 Arising Out of PS. Case No.-499 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Babita Devi W/o Rakesh Dhangad R/o Village- Lalgarh Farm (Khasur), P.SBettiah Muffasil, Dist- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashish Ranjan Garg, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-04-2026 Heard Mr. Ashish Ranjan Garg, learned counsel appearing on behalf of the petitioner and Mr. Kanhiya Kishor learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bettiah Muffasil P.S. Case No. 499 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 20 litres of illicit liquor was recovered from the house of the petitioner

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner resides in a joint family, and that some other family members may have concealed the liquor and as such, the

Patna High Court CR. MISC. No.18972 of 2026(2) dt.08-04-2026 2/3 petitioner has no connection with the seized liquor. Petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that petitioner has clean antecedent and she resides in a joint family and that some other family members may have concealed the liquor and also the fact that the State has failed to implement its liquor policy in its true spirit, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court 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 learned Concerned Court where the case is pending in connection with Bettiah Muffasil P.S. Case No. 499 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.18972 of 2026(2) dt.08-04-2026 3/3

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T