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Patna High CourtCR. MISC./49677/2026bail granted

Sunita Devi v. The State Of Bihar

2026-07-22Mr. Justice Raj Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49677 of 2026 Arising Out of PS. Case No.-351 Year-2026 Thana- RIVILGANJ District- Saran ====================================================== Sunita Devi wife of Late Krishna Chaudhary Resident of Godna Mathiya PSRevilganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 22-07-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Revilganj P.S. Case No. 351 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in brief, is that acting on a secret information, the police conducted a raid near the house of the petitioner, Sunita Devi. It is alleged that on seeing the police, the petitioner attempted to flee away but was apprehended. During the search, the police allegedly recovered 10 litres of illicit country-made liquor concealed in a plastic bag near her house. The recovered liquor was seized,

Patna High Court CR. MISC. No.49677 of 2026(2) dt.22-07-2026 2/3 the petitioner was arrested.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from conscious possession of the petitioner. He has further submitted that she is a widow lady. He has also submitted that the provisions of Section 103 of the BNSS has not been complied with. He has next submitted that the petitioner has been in judicial custody since 19.06.2026. She undertakes to cooperate with the investigation and trial as also, not to repeat the offence of similar nature.

5. On the other hand, the learned APP for the State has opposed the prayer for bail by submitting that the petitioner has one another case in her credit.

6. Taking into account the entire facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-II, Excise, Saran/concerned court in connection with Revilganj P.S. Case No. 351 of 2026, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial.

Patna High Court CR. MISC. No.49677 of 2026(2) dt.22-07-2026 3/3 (ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless she is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. (iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if she is found involved in any case other than the case as mentioned in para3 of the bail petition, her bail bond will not be accepted. (v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. (vi) If she repeats any offence of similar nature, her bail bond shall be liable to be cancelled immediately by the learned court below.

(Raj Kumar, J) Nirmal/- U T