Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31484 of 2026 Arising Out of PS. Case No.-6 Year-2023 Thana- ANDHRATHARHI District- Madhubani ====================================================== Kavita Devi W/o Sanjeet Paswan R/o Village - Rajanpura, P.S. - Andhrathari, Distt .- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Andhrathari P.S. Case No. 06 of 2023 registered for the offences punishable under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 10 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that initially, petitioner was not named with the present recovery of country-made liquor, but subsequently, during the course of investigation, after about

Patna High Court CR. MISC. No.31484 of 2026(2) dt.14-05-2026 2/3 one month, her name was implicated with present recovery on the basis of secret input. It is submitted that the said suspicion was made only for the reason that the petitioner was also involved in one more case of similar nature, where she is on bail. It is pointed out that illicit liquor was recovered from the front of the house, which is an open place easily accessible by general public, therefore, it can be safely said that recovery of illicit liquor was not made from conscious physical possession of this petitioner.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor primafacie not appears to be made from conscious physical possession of this petitioner, accordingly, above-named petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Act, Jhanjharpur, Madhubani/concerned court in

Patna High Court CR. MISC. No.31484 of 2026(2) dt.14-05-2026 3/3 connection with Andhrathari P.S. Case No. 06 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T