Najara Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25166 of 2026 Arising Out of PS. Case No.-400 Year-2025 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Najara Khatun W/o Manir Khan @ Abdul Manir Khan @ Abdul Muneer Khan R/o Village - Pangawara, P.S - Pachrukhi, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash Dwivedi, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2026
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 30(a) and 47 of the Bihar 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 362.880 liters of liquor from a room.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that no doubt the room belongs to the petitioner and the room from which the liquor is alleged to have been
Patna High Court CR. MISC. No.25166 of 2026(2) dt.21-04-2026 2/3 recovered was given on rent to Suresh who was also apprehended from the spot. It is next submitted that no prudent person would use her own premises for committing an occurrence and thus would create evidence against herself and hence would get implicated, it is also submitted that police in mechanical manner investigates and implicates, when petitioner is a person with clean antecedent
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, 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 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 Excise Maharajganj (Excise) P.S. Case No. 400 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.25166 of 2026(2) dt.21-04-2026 3/3 seeking anticipatory bail, had concealed her antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T