Pato Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36244 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- KADIRGANJ District- Patna ====================================================== Pato Devi Wife of Late Botle Manjhi Resident of Village-Pakaura Musahari, P.S. Kadirganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheonandan Pandit, Adv.

For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, 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 Kadirganj P.S. Case No. 46 of 2026 lodged on 02.03.2026, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 18 litres of illicit liquor has been made, which is the subject matter of the present case.

Patna High Court CR. MISC. No.36244 of 2026(2) dt.02-06-2026 2/3

5. Learned counsel for the petitioner submits that the 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 her house and the petitioner is a member of the joint family. Counsel submits that the petitioner is a female aged about 48 years and she has no criminal 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-2, Excise Act, Patna, in connection with Kadirganj P.S. Case No. 46 of 2026, 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.36244 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