Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36416 of 2026 Arising Out of PS. Case No.-116 Year-2022 Thana- PANDARAK District- Patna ====================================================== Pinki Devi Wife of Kamal Yadav Resident of Village- Bhuapur, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2026 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 Pandarak P.S. Case No. 116 of 2022 lodged on 08.08.2022, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

4. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 15 litres of illegal desi mahua 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.36416 of 2026(2) dt.04-06-2026 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 an open place which is accessible to all. Counsel further submits that the name of the petitioner has come in this case only on the basis of secret information and statement of local people who have inimical terms with the petitioner. 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 Excise, Barh, Patna, in connection with Pandarak P.S. Case No. 116 of 2022, 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

Patna High Court CR. MISC. No.36416 of 2026(2) dt.04-06-2026 3/3 criminal antecedent(s), the Trial Court shall take steps for 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