Sabita Devi Vs The State of Bihar

Sk. Nirodh @ Sk. Noor Alam @ Sk. Nurul Hoda@ Sheikh Nirodh @ Sheikh Noor Alam @ Sheikh Nural Hoda Son of Seikh Nadim @ Sk. Nadim Resident of Village- Britiya Loknathpur, Police Station- Turkauliya, District - East Champaran at Motihari. (Petitioner name- @ Shekh Nur Alam)

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s

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

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Appearance :

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(In CRIMINAL MISCELLANEOUS No. 80401 of 2025)

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Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026 2/5

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For the Petitioner/s :	Mr.Abhishek Kumar
For the Opposite Party/s :	Mr.Usha Kumari 1
(In CRIMINAL MISCELLAN	EOUS No. 80756 of 2025)
For the Petitioner/s :	Mr.Priyesh Kumar
For the Opposite Party/s :	Mr.Sadanand Paswan
(In CRIMINAL MISCELLAN	EOUS No. 83581 of 2025)
For the Petitioner/s :	Mr.Suraj Kumar Tiwari
For the Opposite Party/s :	Mr.Usha Kumari 1
(In CRIMINAL MISCELLAN	EOUS No. 84024 of 2025)
For the Petitioner/s :	Mr.Shashank Shekhar
For the Opposite Party/s : ====================	Mr.Usha Kumari 1 ==================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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4 17-01-2026

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All the four Cr. Misc. applications have arisen out of the same occurrence and as such they have been heard together and are being disposed of by passing this common order.

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners have preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 462 of 2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 127(2), 115(2), 121(1), 121(2), 109, 351(2), 352, 324(4), 274 and 275 of the BNS, Sections 30(a) and 45of the Bihar Prohibition and Excise Act and Section 3(1)(s), 3(1) (r), 3(2) (va) of the SC/ST Act.

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As per the prosecution story, the informant being a police personnel has alleged that on 16.09.2025, a confidential information was received that one Lalbabu Mahato had concealed a large quantity of country-made liquor in his house

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Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026 3/5

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and shop, the police party reached Lalbabu Mahato’s house at about 15:55 hours. On seeing the police vehicle, one person came out of the house and attempted to flee, but he was chased and apprehended by the police force. On inquiry, he disclosed his name as Kamalbabu Mahato. During the search, of the house, three black-colored plastic gallons, each containing 40 liters of country-made liquor, and ten polyethylene bags containing 2 liters each of country-made liquor were recovered, totaling 140 liters. Further, Lalbabu Mahato disclosed that additional liquor was stored in his shop situated beside the NH road, which was being run by his sister-in-law and where liquor was being sold. Accordingly, the police party proceeded to the said shop along with Lalbabu Mahato. At the shop, a woman attempted to escape but was apprehended by the lady police personnel. On inquiry, she disclosed her name as Sabita Devi, Thereafter, following due legal procedures, the shop was searched, during which one blue-colored plastic gallon containing 40 liters of country-made liquor and one plastic gallon containing 20 liters of country-made liquor were recovered, totaling 60 liters. The recovered liquor was seized. While police personnel were returning to the police station with the apprehended accused persons, they created a ruckus and

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Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026 4/5

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called 40–45 supporters, who surrounded the police vehicle and attempted to free the accused. The mob obstructed government work, abused the police personnel, and hurled caste-based abuses at the informant, and assaulted him with the intention to kill. During the assault, the mob attacked the police force with barbed wire, bricks, and iron rods. One assailant struck the informant on the head with an iron rod, causing a deep bleeding injury. The government vehicle was also forcibly taken away during the chaos.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Nothing incriminating has been recovered from their conscious possession and there is no specific allegation against the petitioners rather general, vague, sweeping and omnibus allegations have been leveled against the petitioners. All the petitioners have clean antecedent and they are in custody since 18.09.2025. The injury report pertaining to one of the injured has been mentioned in the case diary which suggests that the injury sustained by the injured is simple in nature.

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Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

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Keeping in view the aforesaid facts and considering

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Patna High Court CR. MISC. No.80401 of 2025(4) dt.17-01-2026 5/5

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the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Court No. I, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 462 of 2025 subject to the following conditions :-

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(i). Petitioners will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

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(ii). One of the bailor shall be their family member.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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U T

Sabita Devi v. The State of Bihar

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Sabita Devi v. The State of Bihar

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