Sajila Devi @ Shanjula Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18867 of 2026 Arising Out of PS. Case No.-172 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Sajila Devi @ Shanjula Devi Wife of Vijay Sah Resident of VillageBasdeopur, P.S.- Darbhanga Sadar, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-03-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 274 and 275 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 66.6 litres of liquor from a Scooty.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated based on the fact that she is owner of the seized vehicle. It is next submitted that no prudent person would use her own vehicle for committing an occurrence
Patna High Court CR. MISC. No.18867 of 2026(2) dt.26-03-2026 2/3 and, thus, would create evidence against herself and, hence, would get implicated. It is also submitted that petitioner was completely unaware that Sambhu Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner, above-named, in the event of her arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Madhwapur P.S. Case No. 172 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed her antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.18867 of 2026(2) dt.26-03-2026 3/3 application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T