Shaili Devi @ Shailo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36242 of 2026 Arising Out of PS. Case No.-449 Year-2025 Thana- Excise P.S. District- Darbhanga ====================================================== Shaili Devi @ Shailo Devi S/o Rajkumar Mahto R/o Village - Muhmmadpur Kothi Tola,, P.S - Kamtaul, District - Darbhanga, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is apprehending arrest in connection with Excise Sadar P.S. Case No. 449 of 2025 lodged on 16.11.2025, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, total recovery of 116 litres of illicit liquor has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36242 of 2026(2) dt.02-06-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been made from a tempo. Counsel further submits that the name of the petitioner has figured in this case only due to the reason that she is the owner of the seized tempo. He further submits that the petitioner has clean antecedent.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Special Judge-1 (Excise Act), Darbhanga, in connection with Excise Sadar P.S. Case No. 449 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

8. The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about her criminal antecedent(s), the Trial Court shall take steps for

Patna High Court CR. MISC. No.36242 of 2026(2) dt.02-06-2026 3/3 cancellation of bail bond of the petitioner. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.

(Dr. Anshuman, J) Divyansh/- U T