Patna High Court
CR. MISC./48388/2026 of Most. Nagiya Devi Vs The State of Bihar on 22 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48388 of 2026 Arising Out of PS. Case No.-236 Year-2026 Thana- NAUTAN District- West Champaran ====================================================== Most. Nagiya Devi Wife of Late Pitambar Manjhi Resident Of Village- Mushahar Toli, Ward No
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48388 of 2026
Arising Out of PS. Case No.-236 Year-2026 Thana- NAUTAN District- West Champaran ======================================================
Most. Nagiya Devi Wife of Late Pitambar Manjhi Resident Of Village- Mushahar Toli, Ward No 12, Police Station- Nautan, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Kumari Akanksha, Advocate
Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s :
Md. Nazir Ansari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
22-07-2026 Heard Ms. Kumari Akanksha, learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Nautan P.S. Case No. 236 of 2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is of involved in the sale of illicit wine. The police on secret information conducted raid, however, on appearance of the police party, the petitioner succeeded in fleeing away, who was later on identified as the petitioner. In course of search, total 22 liters of country made liquor was recovered from the house of the petitioner.
4. Learned Advocate for the petitioner taking this Patna High Court CR. MISC. No.48388 of 2026(2) dt.22-07-2026
Court through the FIR as well as seizure memo has submitted that the recovery is said to have been made from thatched house which was not used for any habitation purpose. Moreover, had the recovery been made from the house of the petitioner, there would have been signature of any family members, but in the case at hand, the witnesses are none else, but the police personnel and thus apparent defiance of Section 103(4) of BNSS. There is no compliance of Section 105 of the BNSS, as the video recording has not been conducted by the police, while conducting search and seizure. The petitioner is a lady having fair antecedent and she undertakes that she will fully cooperate in the proceeding of the Court.
5. On the other hand, learned APP for the State vehemently opposed the bail application and submits that recovery from the house of the petitioner clearly bars the anticipatory bail in terms with section 76(2) of the Bihar Prohibition and Excise Act.
6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made from a thatched house, which was not used for habitation and thus easily accessible to all, coupled with the factum of defiance of Patna High Court CR. MISC. No.48388 of 2026(2) dt.22-07-2026
statutory prescription of BNSS, besides no cogent materials attracting the rigors to maintain the anticipatory bail, as also the fact that the petitioner is a lady and no other family members has been made accused in the case, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise-I), Bettiah, West Champaran in connection with Nautan P.S. Case No. 236 of 2026 , subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
siddharth/- (Harish Kumar, J) U T