Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25981 of 2026 Arising Out of PS. Case No.-37 Year-2026 Thana- DARIGAON District- Rohtas ====================================================== Sangita Devi Wife of Heera Ram @ Hira Ram @ HariShankar Ram Resident of Village- Belahar, P.S.- Darigawan, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. A perusal of the first information report and the seizure list would go to show that total 77 liters of country made liquor has been recovered from a polythene allegedly thrown by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is a Pardanashin lady and has been falsely implicated in this case. It is further submitted that the place of recovery is an open place and easily accessible to anyone, hence no liability can be fastened on this petitioner. It is also a fact that

Patna High Court CR. MISC. No.25981 of 2026(2) dt.24-04-2026 2/2 the petitioner was not caught on the spot and nothing has been recovered from the physical or conscious possession of the petitioner. There is violation of mandatory provisions of search and seizure.

5. Taking into consideration the facts and circumstances of the case and further that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below 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 the learned Court below where the case is pending/ successor Court in connection with Darigaon P.S. Case No.37 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./Section 482 (2) B.N.S.S. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J) Trivedi/- U T