Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47572 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- LAXMIPUR District- Jamui ====================================================== Sangita Devi W/O Sri Dukhi Paswan Resident of Village- Anandpur, P.SLaxmipur, District- Jamui (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Anand, Advocate Ms.Madhuri Kumari, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-07-2026 Heard Mr. Abhishek Anand, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Laxmipur P.S. Case No. 115 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. As per the allegation made in the F.I.R., on receipt of secret information, the police conducted a search in the under-construction house of the petitioner. During the search, 15 litres of country-made liquor was allegedly recovered. The petitioner allegedly fled away on seeing the police party.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.47572 of 2026(2) dt.29-07-2026 2/3 petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. He submitted that the petitioner was neither present nor apprehended at the place of occurrence and nothing has been recovered from her conscious possession. The alleged recovery has been made from an underconstruction house belonging to the petitioner's husband, which is a joint family property and is easily accessible to anyone. He further submitted that the petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against the petitioner, the fact that the petitioner was neither arrested from the place of occurrence nor has anything been recovered from her conscious possession, the alleged recovery having been made from an under-construction house which is stated to be a joint family property and accessible to others, the absence of any independent seizure witness and the petitioner's clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender
Patna High Court CR. MISC. No.47572 of 2026(2) dt.29-07-2026 3/3 before the learned District Court within a period of four weeks from today, 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 Exclusive Excise Court-I, Jamui, in connection with Laxmipur P.S. Case No. 115 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T