Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32849 of 2026 Arising Out of PS. Case No.-214 Year-2026 Thana- MASHRAK District- Saran ====================================================== Kavita Devi D/O Shanker Sah @ Shanker Saha R/O Vill.- Mashrakh Purab Tola, P.S.- Mashrakh, Dist.- Saran. at present village - Darwa,P.S. - Isuapur, Dist. - Saran at Chapra ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 09.04.2026 in connection with Mashrakh P.S. Case No. 214 of 2026 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in brief, is that one Reazuddin Ansari S.I. of dial 112 of Mashrakh Police Station, received an information that this petitioner has kept hidden English wine for the purpose of selling. It is next alleged that on receipt of this information police party reached thereat the spot and on seeing the police party this petitioner started to flee

Patna High Court CR. MISC. No.32849 of 2026(2) dt.13-05-2026 2/3 away. It is next alleged that after chase, she was apprehended on the spot and upon the searching at the spot police recovered 43.20 liters of English wine from thereon spot. It is next alleged that the police seized the recovered English wine and accordingly a search and seizure list was prepared there from the P.Ο.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and it appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the house of the co-accused person, namely, Shanker Saha, who is happened to be father of the petitioner, and she has been made an accused in this case merely on the basis of suspicion and petitioner is in custody since 09.04.2026.

5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Mashrakh P.S. Case No. 214 of 2026, subject to

Patna High Court CR. MISC. No.32849 of 2026(2) dt.13-05-2026 3/3 the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T