Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36353 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- Excise P.S. District- Araria ====================================================== Kavita Devi W/O Suresh Yadav R/O Village- Chaoda Manikpur, Ward No. 7, P.S.- Fulkaha, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2026 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 who apprehends arrest in connection with Araria Excise P.S. Case No. 57/2026 lodged on 13.02.2026, for the offences punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution, total recovery of 33 liters Nepali liquor, recovered from a motorcycle, is the subject matter

Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026 2/3 of the present case.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, nothing has been recovered from the possession of the petitioner, but name of the petitioner has surfaced in this case only due to the reason that the petitioner is the registered owner of the motorcycle from which the alleged recovery was shown. Learned counsel for the petitioner further submits that the though the petitioner is the registered owner of the vehicle but his vehicle was taken by his nephew without his permission. However, he undertakes that in future he shall not repeat such mistake. The antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail but concedes that the antecedent of the petitioner is clean.

7. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Excise Judge-II, Araria, in

Patna High Court CR. MISC. No.36353 of 2026(2) dt.03-06-2026 3/3 connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/Manshi U T