Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26871 of 2026 Arising Out of PS. Case No.-17 Year-2024 Thana- HISUWA District- Nawada ====================================================== Poonam Devi W/O Jitendra Choudhary R/O Village- Near Milon Telecom, Shiv Nagar, Postmartam Road, Gondapur, Distt-Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishav Dev, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Hisua P.S. Case No. 17 of 2024, dated 12.01.2024, lodged under Sections 30(a) & 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 20 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of

Patna High Court CR. MISC. No.26871 of 2026(2) dt.22-04-2026 2/3 the petitioner. Furthermore, he submits that the petitioner is a lady, having clean criminal antecedent. Counsel also submits that the petitioner's name has figured in this case merely on the basis of ownership of the alleged vehicle. However, the petitioner has stated in paragraph 7 of the bail application that she has transferred the alleged motorcycle by way of gift in favour of her son-in-law.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Court Excise 1, Nawada, in connection with Hisua P.S. Case No. 17 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. It is further directed that the Trial Court shall verify the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of

Patna High Court CR. MISC. No.26871 of 2026(2) dt.22-04-2026 3/3 the petitioner's bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T