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2026 DAILYLAW 4209 (PAT)

Badhiya Devi v. The State Of Bihar

CR. MISC./28639/2026 · 2026-04-30

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28639 of 2026 Arising Out of PS. Case No.-135 Year-2025 Thana- MASAUDHI District- Patna ====================================================== 1. Badhiya Devi S/o Late Raju Manjhi R/V - Gurptichak, P.S. - Masaurhi, Dist. - Patna. 2. Punita Devi Wife of Satya Narayan Manjhi R/V - Gurptichak, P.S. - Masaurhi, Dist. - Patna. ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Eashita Raj, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 30-04-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in Masaurhi P. S. Case No. 135 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 15 liters illicit liquor was recovered from the house of petitioner no. 1 and 5 liters illicit liquor was recovered from the house of petitioner no. 2. 4. Learned counsel appearing for the petitioners submits that no incriminating material has been recovered from conscious possession of the petitioners and they are no way connected with the aforesaid recovery. Petitioners have been Patna High Court CR. MISC. No.28639 of 2026(2) dt.30-04-2026 2/2 made accused only on suspicion. 5. Learned A.P.P. for the State submits that total 20 liters illicit liquor was recovered from the houses of these petitioners and as such, they are not entitled to the privilege of anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of the petitioners is rejected. Navya/- (Prabhat Kumar Singh, J) U T