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Patna High CourtCR. MISC./35484/2026bail granted

Sangeeta Devi v. The State Of Bihar

2026-05-21Mr. Justice Ritesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35484 of 2026 Arising Out of PS. Case No.-480 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Sangeeta Devi W/o Rinku Ram R/o Village - Baswariya, P.S - Bettiah Town, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No. 480 of 2021, for allegedly having committed offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that on 25.08.2021, he proceeded for patrolling duty along with Police party. He got an information through the S.H.O of concerned Police Station that petitioner herein and other co-accused are making and selling illegal liquor. To verify the authenticity of the said information, the informant along with the Police party proceeded to Ambedkar Colony. Upon seeing the police party, the petitioner and others started fleeing away from there and on chase, one co-accused, namely, Chandrika Ram was apprehended by the Police however, the petitioner

Patna High Court CR. MISC. No.35484 of 2026(2) dt.21-05-2026 2/3 managed to escape. On search made by the informant and the Police party, 5 liters of illegal liquor and 40 liters of raw materials were found, which was dismantled. A seizure list was accordingly prepared.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The present first information report has been lodged only on the basis of suspicion and the name of the petitioner has transpired in the present case on the basis of the secret information received by the informant. He further submits that the petitioner was not present at the place of occurrence and therefore, there is no question of any recovery being made from her. The petitioner is a lady having clean antecedent and her name has transpired in the present case only on the basis of the confessional statement given by the coaccused Chandrika Ram.

5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. Having heard the rival submissions and after going through the records, it appears that 5 liters of country-made liquor and 40 litres of raw materials were recovered. The petitioner was not present on the place of occurrence and, therefore, there is no question of any recovery from her. Her name transpired on the basis of the statement given by the co-accused before the Police

Patna High Court CR. MISC. No.35484 of 2026(2) dt.21-05-2026 3/3 and the petitioner has got a clean antecedent. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-I, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 480 of 2021, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:

(1) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Ritesh Kumar, J) Ajay/Ashutosh/- U T