Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20767 of 2026 Arising Out of PS. Case No.-99 Year-2025 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Lalita Devi W/o Dasrath Sahni @ Chillu Sahni Resident of Village- Amadih, P.S.- Bahadurpur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-04-2026 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Ashok Paper Mill P.S. Case No. 99 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 12.07.2025 by the informant, Khushbu Kumari.

3. As per the prosecution story, the informant alleged that on secret information, the place was raided, when it was found that the accused threw the sack and managed to escape, from it there is recovery/seizure of 22 liter country made liquor. The locals gave the name this petitioner. This led to the FIR.

4. Learned counsel for the petitioner submits that she is a lady having no criminal antecedent, due to enmity, got implicated.

Patna High Court CR. MISC. No.20767 of 2026(2) dt.08-04-2026 2/3

5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

6. Learned APP opposes the prayer submitting that the locals have named her.

7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that she is a lady having no criminal antecedent, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge-I (Excise Act), Darbhanga in connection with Ashok Paper Mill P.S. Case No. 99 of 2025

Patna High Court CR. MISC. No.20767 of 2026(2) dt.08-04-2026 3/3 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T