IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35356 of 2026 Arising Out of PS. Case No.-146 Year-2026 Thana- DORIGANJ District- Saran ====================================================== Babita devi W/O Late Raju Nut R/O Vill.- Musepur Nut Toli, P.S- Doriganj, Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-06-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State through virtual mode. 2. The petitioner apprehends her arrest in connection with Doriganj P.S. Case No. 146 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. Acting on a tip regarding concealment of illicit wine, the police conducted raid. However, noticing the police party, a woman, who was present there, succeeded in fleeing away; later on, her name has been disclosed as Babita Devi i.e. the present petitioner. It is further alleged that in course of search, the police also recovered 08 liters of illicit wine kept beneath the sand. Patna High Court CR. MISC. No.35356 of 2026(2) dt.01-06-2026 2/3 4. Learned Advocate for the petitioner taking this Court through the FIR and the search and seizure memo submitted that there is complete defiance of Sections 103 and 105 of the BNSS, inasmuch as, it is admitted fact that the alleged recovery has been made from an open place, easily accessible to all and for that, the petitioner cannot be held responsible for the same. Only on account of one criminal antecedent of identical nature, the name of the petitioner has been implicated in this case without there being any material. Even if the allegation and the materials is accepted for the sake of argument, it do not attracts the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is lastly submitted that the petitioner undertakes that she will fully co-operate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that it is the petitioner, who is found indulge in selling of illicit wine. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made from an open place, besides there is defiance of mandatory provisions of Sections 103 and 105 of the BNSS and there is no cogent Patna High Court CR. MISC. No.35356 of 2026(2) dt.01-06-2026 3/3 material attracting the rigors provided under Section 76 (2) of the Bihar Prohibition and Excise Amendment Act, 2018, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Doriganj P.S. Case No. 146 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T