Babita Devi @ Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25633 of 2026 Arising Out of PS. Case No.-81 Year-2026 Thana- PANAPUR District- Saran ====================================================== 1.

Babita Devi @ Shanti Devi W/o Muni Mahto R/o Vill. - Methoura, P.S - Panapur, Dist- Saran.

2.

Rekha Devi W/o Suraj Mahto R/o Vill. - Methoura, P.S - Panapur, DistSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners seek bail in connection with Panapur P.S. Case No. 81 of 2026, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, secret information was received about Suraj Mahto concealing illicit liquor in his house. A raid was conducted and the petitioners who are the mother and wife of the coaccused respectively, were apprehended and from search of house, recovery of 20 litres of country made liquor was made.

Patna High Court CR. MISC. No.25633 of 2026(2) dt.17-04-2026 2/3

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Nothing incriminating was recovered from the conscious possession of the petitioners. Petitioner no. 1 is an old lady aged about 70 years and petitioner no. 2 is the wife of coaccused Suraj Mahto and they have been made accused in this case as the police could not apprehend the coaccused. Petitioners are having antecedent of one case in which both of them are on bail. The petitioners are in custody since 14.03.2026.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioners are ladies and also considering the quantity of liquor recovered from their house and further considering their period of custody, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2nd, Saran at Chapra/concerned court, in connection with Panapur P.S. Case No. 81 of 2026, subject to

Patna High Court CR. MISC. No.25633 of 2026(2) dt.17-04-2026 3/3 the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T