Patna High Court
CR. MISC./50587/2026 of Sunita Devi Vs The State of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50587 of 2026 Arising Out of PS. Case No.-108 Year-2026 Thana- BAKHARI District- Begusarai ====================================================== Sunita Devi W/O Late Rambhu Sahni @ Ram Badan Sahni R/O Village- Goriyari, P.S- Bakhri, Distt.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50587 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- BAKHARI District- Begusarai ======================================================
Sunita Devi W/O Late Rambhu Sahni @ Ram Badan Sahni R/O Village- Goriyari, P.S- Bakhri, Distt.- Begusarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Shivam Prerna, Advocate
For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
23-07-2026
1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 15 litres of liquor from house of Shivam Kumar and 3 litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that the house in question is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who Patna High Court CR. MISC. No.50587 of 2026(2) dt.23-07-2026
had kept the liquor in the house or the liquor kept in the house was within her knowledge and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is next submitted that petitioner came to be implicated based on the secret information which is the easiest way to implicate someone without holding a proper investigation of the case, when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his 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) 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 Bakhri P.S. Case No. 108 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner Patna High Court CR. MISC. No.50587 of 2026(2) dt.23-07-2026
and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed her antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T