Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40846 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- Narhiya District- Madhubani ====================================================== Bimla Devi, W/o Late Yogendra Sadai @ Joginder Sadai, R/o VillageBangama, P.S.- Narhaiya, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Narhaiya P.S. Case No.30 of 2026 registered under Sections 274, 275 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 156.105 liters of IMFL/country-made liquor.

4. It is submitted that the alleged recovery of illicit liquor was made from the house of this petitioner which is

Patna High Court CR. MISC. No.40846 of 2026(2) dt.24-06-2026 2/3 occupied by different adult family members and, therefore it can be safely said that recovery of illicit liquor was not made from conscious possession of the petitioner. It is also pointed out that the search of house of this petitioner was not made in terms of mandatory provisions qua search of premises in view of Section 103(4) of the BNSS. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a lady of clean antecedent, accordingly, the petitioner, above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Act, Jhanjharpur in connection with Narhaiya P.S. Case No.30 of 2026, subject

Patna High Court CR. MISC. No.40846 of 2026(2) dt.24-06-2026 3/3 to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T