Kanti Devi @ Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25402 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- GOPALPUR District- West Champaran ====================================================== Kanti Devi @ Shanti Devi W/o Sri Rajendra Mukhiya @ Rajendra Bin R/o vill - Sargatia, ward no. 9, P.S.- Gopalpur, Dist.- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Gopalpur P.S. Case No. 57 of 2026 registered on 28.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 15 liters country made liquor, from the house of the petitioner, is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the possession of the petitioner rather it has been shown from the house of the petitioner which a joint family house in which

Patna High Court CR. MISC. No.25402 of 2026(2) dt.29-04-2026 2/2 several members are residing. In fact, the petitioner's name was provided by the local dafadar based solely on suspicion, and there is no evidence against the petitioner other than this suspicion. The petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Special Judge Excise-I, West Champaran at Bettiah, in connection with Gopalpur P.S. Case No. 57 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Aman Kumar/- U T