Lalita Devi @ Lalati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73693 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Lalita Devi @ Lalati Devi W/o Hiravan Manjhi R/o Village- Madhopur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 65 litres of liquor from the house of Baby Devi.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and after even alleged recovery is from a place which does not belong to the petitioner and she has no concern or relation with Baby Devi. It is next
Patna High Court CR. MISC. No.73693 of 2025(2) dt.17-01-2026 2/3 submitted that Baby Devi was granted the privilege of anticipatory bail by an order dated 16.05.2025 in Cr. Misc. No. 26733/2025 with condition that her antecedent was to be verified.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on her furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.3, Motihari, East Champaran in connection with Rajepur P. S. Case No.285 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed her antecedent before this Court,
Patna High Court CR. MISC. No.73693 of 2025(2) dt.17-01-2026 3/3 in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T