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Patna High CourtCR. MISC./23233/2026disposed

Jhalo Devi v. The State Of Bihar

2026-04-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23233 of 2026 Arising Out of PS. Case No.-177 Year-2025 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Jhalo Devi Wife of Ajeet Kumar Singh Resident of Village - Dharampur, Tetarpur Ward No. 08, Police Station - Mohiuddinagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2026

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

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 130 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and she 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

Patna High Court CR. MISC. No.23233 of 2026(2) dt.09-04-2026 2/3 occurrence and thus would create evidence against herself and hence would get implicated. It is also submitted that the petitioner was completely unaware that her friend would misuse vehicle in the manner as alleged who also fled from the spot. It is next submitted that it is not the case of the prosecution that they saw a woman fleeing from the place of occurrence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, 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 Vidyapatinagar P.S. Case No.177/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had

Patna High Court CR. MISC. No.23233 of 2026(2) dt.09-04-2026 3/3 concealed her antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification 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) amit/- U T