Prabha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33813 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- TANDWA District- Aurangabad ====================================================== Prabha Devi wife of Arun Ram Resident of village- Harihar Urdana Tola Sangwa, Ps- Tandwa, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar bihar 2.

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No. 49 of 2026, F.I.R dated 19.04.2026, registered for the offences punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2022.

3. As per the prosecution case, the police had recovered total 55 litres of illicit country made liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that in absence of this petitioner, the recovery is said to have been made from her house, which is in joint possession of

Patna High Court CR. MISC. No.33813 of 2026(2) dt.20-05-2026 2/3 other family members. The name of the petitioner transpired only on the basis of confessional statement of one Shrawan Kumar, who is in no way related to this petitioner. The petitioner has no connection with the seized liquor in question. It has lastly been submitted that the petitioner has a clean antecedent and is ready to abide by the terms and conditions in case the privilege of anticipatory bail is extended in his favour.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submissions made by the parties, and taking into consideration the fact that the illicit liquor has been recovered from the house of the petitioner, which is a joint property and further that the petitioner has a clean antecedent, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, 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 learned court of Special Judge, Excise-II, Aurangabad in connection with Tandwa P.S. Case No. 49 of 2026 subject to the

Patna High Court CR. MISC. No.33813 of 2026(2) dt.20-05-2026 3/3 condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) Shikha/- Rakesh/- U T