Patna High Court

CR. MISC./57754/2026 of Sarita Devi Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57754 of 2026 Arising Out of PS. Case No.-346 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== 1. Sarita Devi W/O Dilip Chaudhary R/O Village- Andharbari, P.S.- Rajauli, Distt.- Nawada. 2. Asha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57754 of 2026

Arising Out of PS. Case No.-346 Year-2026 Thana- RAJAOLI District- Nawada ======================================================

1.

Sarita Devi W/O Dilip Chaudhary R/O Village- Andharbari, P.S.- Rajauli, Distt.- Nawada.

2.

Asha @ Asho Devi @ Asha Devi W/O Late Ranjeet Chaudhary R/O

Village- Andharbari, P.S.- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Pramod Kumar Verma

For the Opposite Party/s :

Mr.Sanjay Kumar

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

19-08-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and are women and allegation is of recovery of 25 litres of liquor from the house of petitioner No. 1 and 12 litres of liquor from the house of petitioner no. 2.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was Patna High Court CR. MISC. No.57754 of 2026(2) dt.19-08-2026

recovered from their conscious possession and the houses in question are joint family property as such it cannot be alleged with certainty that it were petitioners who had kept the liquor in the house or the liquor kept in the house was within their knowledge. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and they came to be implicated at the instance of Chowkidar with whom their husband are on an inimical term. It is also submitted that Chowkidar falsely implicated the petitioners with a view to coerce their husband into submission.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajauli P.S. Case No. 346 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.57754 of 2026(2) dt.19-08-2026

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

Sumit/- (Satyavrat Verma, J) U T

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