IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45515 of 2026 Arising Out of PS. Case No.-27 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== Sunita Devi, W/o Rajendra Mandal, Resident of Village- Pakki Saray, PS- Ghogha, Distt.- Bhagalpur ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Navjot Yeshu, Advocate For the Opposite Party/s : Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 10-07-2026 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 Gogha P.S. Case No.27 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 175 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from a maize field near a railway track. Being an open place, it is Patna High Court CR. MISC. No.45515 of 2026(2) dt.10-07-2026 2/3 accessible to the general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. 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 note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, 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 satisfaction of the learned Additional District & Sessions Judge-IX-cum-Special Judge (Excise), Bhagalpur in connection with Gogha P.S. Case No.27 of 2025, subject to Patna High Court CR. MISC. No.45515 of 2026(2) dt.10-07-2026 3/3 the conditions as laid down under Section 482(2) of the BNSS. Raushan/- (Chandra Shekhar Jha, J.) U T