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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8396 of 2026 Arising Out of PS. Case No.-520 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Chinta Devi @ Jahari Devi Wife of Khaderan Choudhary @ Sanjay choudhary Resident of Mohalla -Niranjan Bigha, P.S.- Dehri, District -Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s : Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Excise Case No. 1900/2025, arising out of Excise P.S. case No. 520 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 75.4 liters liquor was recovered from two plastic bag, jhola and bucket and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.8396 of 2026(2) dt.11-02-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from the main gate of the house, the same is open place, accessible to one and all. The petitioner is in custody since 08.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 1900/2025, arising out of Excise P.S. case No. 520 of 2025.
Pankaj/- (Rudra Prakash Mishra, J) U T