Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40919 of 2026 Arising Out of PS. Case No.-126 Year-2026 Thana- SONBERSA District- Sitamarhi ====================================================== Sangita Devi W/o- Raj Kumar Manjhi R/Village - Sonbarsa @ Sonbarsa Lalbandi Mushari Tola P.S.- Sonbarsa District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 18.05.2026, in connection with Sonbarsa P.S. Case No. 126 of 2026, F.I.R. dated 18.05.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 450.00 litres of Nepali Saufi liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.40919 of 2026(2) dt.30-06-2026 2/3 rather recovery has been made from the place of occurrence and altogether 450.00 litres of Niepali Saufi liquor was recovered from the place of occurrence. It appears from the seizure list that the seizure list witnesses are Bihar Home Guard police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 18.05.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, 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 learned Exclusive Special Excise Court No. 1, Sitamarhi in connection with Sonbarsa P.S. Case No. 126 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.40919 of 2026(2) dt.30-06-2026 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below 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 below shall take step 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.

(Rajesh Kumar Verma, J) Ibrar//- U T