Halima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44970 of 2026 Arising Out of PS. Case No.-247 Year-2026 Thana- DUMRA District- Sitamarhi ====================================================== Halima Khatoon Wife of Md. Salim Resident of Village - Barharwa, Ward No. - 20, P.S. - Dumra, District - Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shankar Kumar, Advocate For the Opposite Party :

Mr. Bishweshwar Ram, APPS ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 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 Dumra P.S. Case No.247 of 2026 registered under Section 30(a) of 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 6.3 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from a nala which is behind the bathan of petitioner and the

Patna High Court CR. MISC. No.44970 of 2026(2) dt.08-07-2026 2/3 place from where the recovery was made is an open place accessible to general public. It is also submitted that name of petitioner transpired only on the basis of suspicion and it can be safely said that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Explaining criminal antecedent, Petitioner found involved in three more criminal cases.

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

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, 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 the learned Special Judge Exclusive Excise

Patna High Court CR. MISC. No.44970 of 2026(2) dt.08-07-2026 3/3 Judge- 1, Sitamarhi, in connection with Dumra P.S. Case No.247 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

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