Chhathiya Kuar @ Anti @ Chhatya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82479 of 2025 Arising Out of PS. Case No.-398 Year-2025 Thana- MANJHI District- Saran ====================================================== Chhathiya Kuar @ Anti @ Chhatya Devi Wife of Late Sudarshan Yadav Village- Bigha, P.S.- Manjhi, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Manjhi P.S. Case No. 398 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 13.10.2025 by the informant, Mithlesh Kumar.
3. As per the prosecution story, the allegation is that on secret information, the cattle shed of the petitioner was searched and from it, 44.28 liters of country made wine recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that the recovery is from an open place, she is a lady and have no criminal antecedent.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in
Patna High Court CR. MISC. No.82479 of 2025(2) dt.10-12-2025 2/3 the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that she is a lady having no criminal antecedent, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 398 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.82479 of 2025(2) dt.10-12-2025 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T