Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30500 of 2026 Arising Out of PS. Case No.-108 Year-2026 Thana- DEEPNAGAR District- Nalanda ====================================================== Sarita Devi W/o Ram Janam Chaudhary R/o Village - Mandachh, P.S - Deepnagar, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2026 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Shakir Ahmad, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Deepnagar P.S. Case No. 108 of 2026 attributing Offences Under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, the police allegedly recovered 30 litres of country-made liquor concealed beneath the earth in a steel drum and plastic gallon near the house of the petitioner.
4. Learned counsel for the petitioner submitted that nothing has been recovered from the conscious possession of the petitioner. The alleged recovery has not been made from the house of the petitioner but from an open place situated in front
Patna High Court CR. MISC. No.30500 of 2026(2) dt.06-05-2026 2/3 of the house, which is accessible to the general public. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, upon perusal of the record, it appears that recovery of 30 liters has been made from an open place situated in front of the house of the petitioner, which is accessible to the general public. Considering the nature of allegation and the clean antecedent of the petitioner, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection withDeepnagar P.S. Case No. 108 of 2026, subject to the condition as laid down under Section 482 of the BNSS//438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.30500 of 2026(2) dt.06-05-2026 3/3
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T