Patna High CourtCR. MISC./4319/2024bail granted

Veena Devi v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4319 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Veena Devi wife of Sattan Yadav Vill- Bhaigaon, P.S. Goradih, Dist.- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

1. The petitioner apprehends her arrest in connection with Sabaur (Goradih) P.S. Case No.138/2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

2. Learned counsel for the petitioner submits that petitioner is a woman and is a person with clean antecedent.

3. An allegation is of recovery of 12 litres of liquor from the roof of the petitioner's house. It is next submitted that the petitioner being wife of Sattan Yadav came to be implicated in a mechanical manner. It is also submitted that nothing transpired during the course of investigation which could even remotely connect the petitioner with the offence except the fact

Patna High Court CR. MISC. No.4319 of 2024(2) dt.13-02-2024 2/2 that she also stayed in the same house, when after 2018 amendment of the Excise Act deemed possession and presumed offender has been done away with.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-12-cum-Special Judge Excise-02, Bhagalpur in connection with Sabaur (Goradih) P.S. Case No.138/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T