IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42214 of 2026 Arising Out of PS. Case No.-299 Year-2026 Thana- BIRAUL District- Darbhanga ====================================================== Saroj Devi, W/o Shambhu Paswan, R/o Village - Lohani, P.S - Biraul, District - Darbhanga ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s: Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Biraul P.S. Case No.299 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is re- covery of 30 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that the seized liquor was recovered from the hut of the petitioner. It is further submitted that no recovery Patna High Court CR. MISC. No.42214 of 2026( 2) dt.01-07-2026 2/3 has been effected from the conscious and exclusive posses- sion of the petitioner, and there is no material on record to establish her conscious possession of the alleged illicit liquor. It is argued that Section 103(4) of BNSS has not been com- plied with qua search of premises, inasmuch as no indepen- dent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. It is also submitted that the petitioner was not apprehended on the spot. The petitioner has one criminal antecedent of similar nature, in which, she is on bail. 5. Learned APP opposed the prayer of anticipatory bail to the petitioner. 6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this pe- titioner, accordingly, the petitioner above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. MISC. No.42214 of 2026( 2) dt.01-07-2026 3/3 satisfaction of the learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Biraul P.S. Case No.299 of 2026, subject to the conditions as laid down under Sec- tion 438(2) of the CrPC/under Section 482(2) of the BNSS. Raushan/- (Chandra Shekhar Jha, J.) U T