Patna High Court
CR. MISC./59177/2026 of Sadia Khatoon @ Sadina Khatoon Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59177 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Sadia Khatoon @ Sadina Khatoon Wife of Md. Islam @ Islam Mian Resident of Village-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59177 of 2026
Arising Out of PS. Case No.-297 Year-2026 Thana- BANJARIA District- East Champaran ======================================================
Sadia Khatoon @ Sadina Khatoon Wife of Md. Islam @ Islam Mian Resident of Village- Singhiya Gumti Kabari Tola, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s :
Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.
2. Petitioner is in custody in connection with Banjariya P.S. Case No. 297 of 2026 registered for the offence punishable under Section 111 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the allegation in the FIR, total 90 litres Nepali kasturi liquor was recovered from the bags which were kept in the back side of the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He next submits that nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.59177 of 2026(2) dt.19-08-2026
He further submits that, in fact, the alleged recovery has been made from the back side of the house of the petitioner but the petitioner has no concern with the recovered liquor in any manner. He further submits that the petitioner was not arrested at the spot. He further submits that there is no independent eye witness of the said incidence. He next submits that the petitioner is in custody since 27.05.2026 and the petitioner has got two criminal antecedents in which he is on bail, as per paragraph 3 of the bail petition.
5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has two criminal antecedents other than the present one and both cases are similar in nature to the present one.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special, Excise Court No. 1, East Champaran at Motihari in connection with Banjariya P.S. Case No. 297 of 2026, subject to the following conditions:
(i) Petitioner shall co-operate in the trial and shall Patna High Court CR. MISC. No.59177 of 2026(2) dt.19-08-2026
be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
dhaneshwar/- (Girijish Kumar, J) U T