IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40440 of 2026 Arising Out of PS. Case No.-133 Year-2026 Thana- TARAIYA District- Saran ====================================================== Sunita Devi Wife of Late Krishna Nut Resident of Village- Nandanpur, P.S.- Taraiya, District- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 01-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Taraiya P.S. Case No. 133 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Acting on a tip off regarding trade and sale of illicit wine, the police conducted raid and recovered 13 liters of illicit country made liquor nearby the house of the petitioner. 4. Learned Advocate for the petitioner submitted that only because of one past criminal antecedent of identical nature when the recovery has been made nearby the house of the petitioner, her name has been implicated in the case without there being any cogent material suggesting her complicity Admittedly, no recovery has been made from the conscious and Patna High Court CR. MISC. No.40440 of 2026(2) dt.01-07-2026 2/3 constructive possession of the petitioner and as such the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Amendment Act is not applicable. The petitioner is a woman and has no concern with the crime in question and she undertakes that she will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the FIR clearly suggests the entire recovery has been made from a Palani situated nearby the house of the petitioner who is also carrying one criminal antecedent. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a hut which does not belong to the petitioner and there is no other material which attracts the rigors under Section 76(2) of the Bihar Prohibition and Excise Amendment Act, 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 Excise Patna High Court CR. MISC. No.40440 of 2026(2) dt.01-07-2026 3/3 Exclusive Judge, Saran in connection with Taraiya P.S. Case No. 133 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. sumit/- (Harish Kumar, J) U T