Shyam Shakhi Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shyam Shakhi Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail, on arrest or surrender before the Court below within six weeks, upon bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur/concerned Court in connection with Neora P.S. Case No.78 of 2025, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Neora P.S. Case No.78 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act, should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks from 01-07-2026, the petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur/concerned Court in connection with Neora P.S. Case No.78 of 2025.

Ratio / Principle

The release on bail is made subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key takeaways

The court's stated consideration in extending the benefit was the facts and circumstances of the case, the submissions of counsel, and the nature of allegation against the petitioner, who is a woman having clean antecedent.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Cr. Misc. No.41430 of 2026 (Justice Sunil Dutta Mishra, 01-07-2026): Petitioner, a woman of clean antecedent allegedly implicated as registered owner of a motorcycle (Regn. No.BR01FE-5966) from which 25.26 liters of IMFL was recovered in Neora P.S. Case No.78 of 2025 under Sections 30(a) of the Bihar Prohibition and Excise Act, was permitted to be released on anticipatory bail upon arrest or surrender within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel's assertions that the petitioner was neither present on the spot nor connected with the seized liquor, and that the motorcycle was taken by her son's friend for medical purpose, were recorded as submissions, not endorsed as findings by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41430 of 2026

Arising Out of PS. Case No.-78 Year-2025 Thana- NEORA District- Patna

======================================================

Shyam Shakhi Devi W/o Babunand Manjhi R/o Village- Adalipur, PS- Neora, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Advocate. For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 01-07-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Neora P.S. Case No.78 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, there is recovery of 25.26 liters of IMFL from a motorcycle bearing Registration No.BR01FE-5966.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to being the registered owner of the seized vehicle. Learned counsel submits that petitioner was neither present on the spot nor he has any connection with the alleged seized liquor. He further submits that motorcycle of petitioner was

Patna High Court CR. MISC. No.41430 of 2026(2) dt.01-07-2026 2/2

brought by the friend of son of petitioner for medical purpose and she had no knowledge about the misuse of her motorcycle. He further submits that petitioner is a woman having clean antecedent and she undertakes to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner who is a woman having clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Excise Judge, Danapur/ concerned Court in connection with Neora P.S. Case No.78 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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