Alka Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33386 of 2026 Arising Out of PS. Case No.-842 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Alka Yadav W/o Ashok Kumar R/O - Hamam Gali, Sadar Patna, Near Shanker Mandir, Patna City, Ranipur Milki Chak, P.O. - Patna City, Dist. - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Sripriya Sinha, Adv.
For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual Mode.
2. The petitioner apprehends her arrest in connection with Alamganj P.S. Case No. 842 of 2024 dated 22.09.2024 registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition & Excise Act.
3. The prosecution case is to the effect that the police received secret information that a person was hiding country-made liquor in the trunk of her Scooty and was selling the same. Accordingly, a raid was conducted and the said person tried to flee away. Although he was chased but he managed to escape. It has further been stated that on search of the Scooty, total 9 litres of country-made mahua liquor was recovered from the said Scooty.
4. The learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33386 of 2026(2) dt.18-05-2026 2/3 petitioner has falsely been implicated in this case merely because earlier she was the owner of the Scooty. However, the said Scooty was sold to one Nakeshar Rai on 11.09.2023. It has further been submitted that the petitioner has no relation whatsoever with the alleged liquor or with the Scooty after 11.09.2023, and the present seizure was made in the year 2024 on 22.09.2024, almost after one year of her selling the Scooty. Lastly, it has been submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Alamganj P.S. Case No. 842 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.33386 of 2026(2) dt.18-05-2026 3/3 petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/Anjali U T